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."
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