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vlog Investigates: OSHA fines Iowa youth residential facility $37.5K in worker's death

vlog Investigates: OSHA fines Iowa youth residential facility $37.5K in worker's death
vlog EIGHT NEWS AT SIX. MORE THAN $37,000 IN PENALTIES. THAT’S HOW MUCH THE EMERGENCY YOUTH SHELTER ELLIPSES WILL HAVE TO PAY AFTER A STAFF MEMBER DIED LAST YEAR. POLICE SAY A 15 YEAR OLD RESIDENT AT THE TIME SHOVED KATHLEEN GALLOWAY, CAUSING A FATAL BRAIN INJURY. THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION COMPLETED ITS INVESTIGATION INTO HER DEATH. vlog INVESTIGATES HAS BEEN FOLLOWING THIS FOR MONTHS AS LAURA TERRELL REPORTS, MONKEY’S DAUGHTERS SAY THEY’RE RELIEVED THAT OSHA RECOGNIZED VIOLATIONS THAT CONTRIBUTED TO THEIR MOM’S DEATH. SO WE’VE JUST BEEN LEANING ON EACH OTHER, JUST SURVIVING DAY BY DAY, SURVIVING EACH DAY WITHOUT THEIR MOM HAS BEEN MORE PAINFUL THAN THESE TWO SISTERS COULD EVER IMAGINE. THE HOLIDAYS WERE BRUTAL. THEY I DON’T THINK THAT WE WERE EXPECTING IT TO BE THAT DIFFICULT. LIFE HAS JUST GOTTEN DARKER AND GRAYER. MAY 8TH WILL MARK ONE YEAR SINCE KATHLEEN GALLOWAY MENKE WAS ASSAULTED WHILE WORKING AT ELLIPSES, A YOUTH RESIDENTIAL FACILITY IN JOHNSTON, JOVAN MATHIS, A 15 YEAR OLD LIVING THERE AT THE TIME, WAS CHARGED WITH SECOND DEGREE MURDER. THE FACT THAT THERE WERE THREATS BEING SHOWN, LIKE SHARED, SAYING THIS KID IS THREATENING MULTIPLE STAFF WASN’T JUST MY MOM LEADING UP TO THIS AND NOTHING WAS DONE. THERE NEEDS TO BE SOME MEASURE IN PLACE THAT THIS SHOULD HAVE NEVER HAPPENED. MONTHS LATER, THE OSHA INVESTIGATION IS NOW COMPLETE INTO WHAT HAPPENED THAT DAY. OSHA CITES THREE VIOLATIONS FOR AN UNSAFE WORK ENVIRONMENT, TWO BEING CATEGORIZED AS SERIOUS. EACH VIOLATION CARRIES A $12,500 FINE. THE INVESTIGATION’S SUMMARY SAYS THE EMPLOYEE WAS VIOLENTLY SHOVED, CAUSING THEM TO FALL AND STRIKE THEIR HEAD ON THE GROUND. THE IMPACT RESULTED IN A FATAL BLUNT HEAD INJURY. THERE NEEDS TO BE A LOT MORE SAFETY PRECAUTIONS, MORE LEGITIMATE TRAININGS. CHLOE WILLIAMSON AND CAMILLE MENKE SAY THEY’RE RELIEVED THE OSHA INVESTIGATION IS COMPLETE AND FOUND SERIOUS CITATIONS. THEIR FOCUS NOW TURNS TO THE CRIMINAL CASE AGAINST MATHIS. IN COURT, WE FOUGHT TO KEEP THE CHARGE. WE REALLY THOUGHT WE COULD FIGHT FOR IT. THE SISTERS HAVE BEEN FIGHTING TO KEEP THE SECOND DEGREE MURDER CHARGE. BUT POLK COUNTY PROSECUTORS SAY THEY’VE REACHED A PLEA DEAL WHERE MATHIS IS EXPECTED TO PLEAD GUILTY NEXT MONTH TO MULTIPLE CHARGES, INCLUDING VOLUNTARY MANSLAUGHTER. I PERSONALLY DO NOT THINK HE CAN BE REHABILITATED FROM WORKING WITH HIM. ALL THE NEWS THAT’S COME OUT SINCE MY MOM’S DEATH OF STILL BEING VIOLENT AND AGGRESSIVE. WHILE THE PLEA DEAL DOES NOT EQUAL JUSTICE FOR THEM, GALLOWAY MANKEY’S DAUGHTERS SAY THEY WILL HONOR HER BY FIGHTING FOR POSITIVE CHANGE IN THE CHILD WELFARE SYSTEM. FOR HER BIRTHDAY, WE GOT HER HEARTBEAT TATTOOED AND WE BROUGHT HER ASHES WITH US. SO SHE WAS WITH US WHEN WE GOT OUR TATTOOS. WE CHOSE OUR LEFT ARM SO IT COULD BE CLOSER TO OUR OUR HEART. LAURA TERRELL. vlog EIGHT NEWS. IOWA’S NEWS LEADER. YOUR HEART BREAKS FOR THOSE GIRLS AS PART OF THE PLEA DEAL, MATHIS’S CASE WILL MOVE TO ADULT COURT, BUT HE WILL NOT BE FORMALLY SENTENCED UNTIL HE IS 18. POLK COUNTY ATTORNEY KIMBERLY GRAHAM RELEASED A STATEMENT IN RESPONSE TO GALLOWAY MONKEY’S DAUGHTER’S FRUSTRATIONS WITH THE PLEA DEAL. IT SAYS IN PART, I HAVE MADE DECISIONS WE BELIEVE WILL CREATE THE LONGEST PERIOD OF ACCOUNTABILITY. I VERY MUCH APPRECIATE THE FAMILY’S INPUT AND RESPECT THEIR OPINION. WE CONTACTED ELLIPSES TODAY TO ASK ABOUT THE OSHA FINDINGS. THEY SENT US A STATEMENT SAYING, QUOTE, ALL MITIGATIO
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vlog Investigates: OSHA fines Iowa youth residential facility $37.5K in worker's death
The Occupational Safety and Health Administration has completed its investigation into the May 8 death of employee Kathleen Galloway-Menke.OSHA cites three violations, two being serious. The youth group home serves some of the state's most troubled teens and is a 501(c)3 nonprofit. Galloway-Menke suffered a head injury after she was pushed by a teen at the home, the report cites. She died days later at a local hospital. The teenager, Jovahn Mathis, has been charged by Johnston police with second-degree murder.The first citation is for a violation of Iowa's law to provide "a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm ..."; the second citation is a violation of general requirements to provide protective equipment; the third relates to bloodborne pathogens. Each violation carries a penalty of $12,500 for a total of $37,500. In a statement, Ellipsis told vlog, "All mitigations are complete and all current fines have been paid."vlog also reached out to the family of Galloway-Menke. "We are pleased to see OSHA formally recognize what we knew all along- Ellipsis did not take appropriate action to ensure the safety of KT. You do not put a 105-pound female counselor in a position to monitor a violent, 200-pound troubled child, particularly when serious threats by the child have been made to KT in the past. The result was tragic and preventable," said Trever Hook, attorney for Galloway-Menke's daughters.Mathis is scheduled to appear in court on April 4 to plead guilty to voluntary manslaughter as part of a plea deal. Galloway-Menke’s daughters say they are frustrated with the plea deal and believe the second degree murder charge should have stayed in place. Polk County Attorney Kimberly Graham also gave a statement to vlog:"My heart goes out to the family of Kathleen Galloway-Menke. This tragedy should never have occurred. The defendant's case is in adult court. When he turns 18, a judge will determine the appropriate sentence for the defendant, beyond his current term at the Iowa Boys State Training School. I, together with Assistant County Attorneys, met with the family several times to discuss this challenging case and the options we carefully and painstakingly considered. With the other prosecutors, I've made decisions we believe will create the longest period of accountability. I very much appreciate the family's input and respect their opinion. I'm heartbroken for Kathleen's family and will continue to remember her dedication to helping kids, her amazing daughters, and the light that she was in our community." vlog Investigates: Following the death of a staff member, Ellipsis CEO addresses safety concernsTeenage Ellipsis resident charged with murder after deadly assault of staffer'We feel very broken': Daughters of Ellipsis worker killed in assault call for changePolice say teenage Ellipsis resident made threats to staffer prior to deadly assaultMore Ellipsis coverage» Subscribe to vlog's YouTube page» Download the free vlog app to get updates on the go: Apple | Google Play

The Occupational Safety and Health Administration has completed its investigation into the May 8 death of employee Kathleen Galloway-Menke.

OSHA cites three violations, two being serious.

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The youth group home serves some of the state's most troubled teens and is a 501(c)3 nonprofit.

Galloway-Menke suffered a head injury after she was pushed by a teen at the home, the report cites. She died days later at a local hospital. The teenager, Jovahn Mathis, has been charged by Johnston police with second-degree murder.

The first citation is for a violation of Iowa's law to provide "a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm ..."; the second citation is a violation of general requirements to provide protective equipment; the third relates to bloodborne pathogens.

Each violation carries a penalty of $12,500 for a total of $37,500.

In a statement, Ellipsis told vlog, "All mitigations are complete and all current fines have been paid."

vlog also reached out to the family of Galloway-Menke.

"We are pleased to see OSHA formally recognize what we knew all along- Ellipsis did not take appropriate action to ensure the safety of KT. You do not put a 105-pound female counselor in a position to monitor a violent, 200-pound troubled child, particularly when serious threats by the child have been made to KT in the past. The result was tragic and preventable," said Trever Hook, attorney for Galloway-Menke's daughters.

Mathis is scheduled to appear in court on April 4 to plead guilty to voluntary manslaughter as part of a plea deal. Galloway-Menke’s daughters say they are frustrated with the plea deal and believe the second degree murder charge should have stayed in place.


Polk County Attorney Kimberly Graham also gave a statement to vlog:

"My heart goes out to the family of Kathleen Galloway-Menke. This tragedy should never have occurred. The defendant's case is in adult court. When he turns 18, a judge will determine the appropriate sentence for the defendant, beyond his current term at the Iowa Boys State Training School. I, together with Assistant County Attorneys, met with the family several times to discuss this challenging case and the options we carefully and painstakingly considered. With the other prosecutors, I've made decisions we believe will create the longest period of accountability. I very much appreciate the family's input and respect their opinion. I'm heartbroken for Kathleen's family and will continue to remember her dedication to helping kids, her amazing daughters, and the light that she was in our community."

vlog Investigates: Following the death of a staff member, Ellipsis CEO addresses safety concerns

Teenage Ellipsis resident charged with murder after deadly assault of staffer

'We feel very broken': Daughters of Ellipsis worker killed in assault call for change

Police say teenage Ellipsis resident made threats to staffer prior to deadly assault

More Ellipsis coverage

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