FOR IMMEDIATE RELEASE	

ENR

FRIDAY, JUNE 26, 1998	

USA:  George Breitsameter 208-334-1211

DOJ:  Michael Gordon  202-514-2008

TDD 202-514-1888

OSHA:  Bill Wright 202-219-8151 

 
IDAHO GRAND JURY INDICTS MAN FOR FEDERAL ENVIRONMENTAL VIOLATIONS


THAT LED TO PERMANENT BRAIN DAMAGE OF ONE OF HIS EMPLOYEES


 
	Washington, D.C.    A federal grand jury in Idaho indicted a
Soda Springs, Idaho man for knowingly endangering the safety and
health of his employees and for lying to federal officials,
announced the Department of Justice and the U.S. Attorney for the
District of Idaho today.  The alleged offenses caused permanent
brain damage to an employee of the defendant.

 
	The five count indictment, returned this morning, alleges that
Allan Elias ordered employees of Evergreen Resources, a fertilizer
manufacturing company he owned, to clean out a 25,000 gallon
storage tank that contained cyanide.  The allegations state that
Elias did not take basic precautions to protect his employees when
they entered the confined space of the tank.

 
	Scott Dominguez, a 20 year old employee of Elias, was overcome
by hydrogen cyanide gas and sustained permanent brain damage as a
result of cyanide poisoning.

 
	"Environmental crimes are real crimes with real victims. 
There is no excuse for the human tragedy in this case," said
Assistant Attorney General for Environment and Natural Resources
Lois J. Schiffer.  "This case also should serve as a fair warning
to employers who knowingly endanger their employees:  you will be
investigated and prosecuted."

 
	Elias pled not guilty to all counts at arraignment this
morning. 

 
	Before sending his employees to clean the tank, Elias had been
advised periodically by Occupational Safety and Health
Administration (OSHA) of the precautions he needed to take when his
employees entered confined spaces such as tanks.  Those precautions
include testing the tank for hazardous materials, ensuring adequate
ventilation, obtaining a permit for entering the confined space of 

 
(more)


the tank and providing workers with protective clothing and
equipment for easy exit.

 
	"This case represents a prime example of how disregard for
worker health and safety causes human tragedy," said Charles N.
Jeffress, Assistant Secretary of Labor for Occupational Safety and
Health.

 
	The indictment alleges that Elias did not test atmospheric
conditions inside the tank, did not prepare a permit and did not
provide his employees with protective gear.  Taking these
allegations together, Elias is accused of knowingly endangering his
employees.

 
	Counts two through five of the indictment allege that Elias
(i) illegally disposed of hazardous waste on three separate
occasions and (ii) made a false statement to OSHA officials by
fabricating and back dating a safety plan to enter the 25,000
gallon storage tank that contained cyanide.

 
	A trial is set for August 31, 1998 before U.S. District Judge
B. Lynn Winmill in Pocatello, Idaho.

 
	The maximum penalty for count one of the Indictment is 15
years in prison and a $250,000 fine.  The maximum for each of
counts two through five is five years and a $250,000 fine.


	The indictment was the result of a 22 month investigation by
the Environmental Protection Agency's Criminal Investigation
Division, the Environmental Crimes Section of the Department of
Justice, the Criminal Investigation Division of the Internal
Revenue Service, and the Occupational Safety and Health
Administration.  Also assisting in the investigation was the
Department of Environmental Quality for the State of Idaho and the
Idaho State Police Department.


	An indictment is not evidence, and a defendant is presumed
innocent unless and until proven guilty.

 
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