A Montgomery County-based roofing company owner pleaded guilty on Dec. 9 to six federal charges stemming from the 2013 jobsite death of a Northeast man who fell from a 45-foot scaffold.
Mark T. Smith, 52, was performing contract work for James J. McCullagh Roofing on Old Zion Lutheran Church at North Broad and Mt. Vernon streets on June 21, 2013, when he fell from a roof bracket scaffold, federal investigators say. During a subsequent investigation by the Occupational Safety and Health Administration, the owner of the company, James J. McCullagh, attempted to cover up his failure to provide safety equipment to Smith and other employees.
“McCullagh knew that he had not provided protection to his employees and none of his employees had safety harnesses or any other form of fall protection,” the U.S. Attorney’s Office stated in a printed news release.
Nonetheless, McCullagh told an OSHA investigator that the employees had been wearing safety harnesses tied to an anchor point when the employer saw them earlier in the day leading up to the fatal accident. Further, McCullagh directed employees to state falsely that they had fall protection, including harnesses, on the day of the fall, authorities say.
Smith was a married father of four and grandfather of three, according to a published report.
McCullagh, 60, lives in Meadowbrook, Montgomerty County. His company is based at 745 Moredon Road, Jenkintown, according to online directories.
McCullagh pleaded guilty to four counts of making false statements, one count of obstruction of justice and one count of willfully violating an OSHA regulation causing death to an employee. He is scheduled for sentencing on March 29 and faces up to 25 years in prison. U.S. District Judge Nitza I. Quinones Alejandro will preside over the hearing. ••
