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Factory owner sentenced to probation for endangering workers with mercury exposure

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In West Babylon, New York, the proprietor of a thermometer manufacturing facility has received a three-year probation sentence for neglecting to safeguard workers from dangerous mercury exposure following a spill at the plant.

Robert Peyser, 66, a Bellmore resident on Long Island, along with his company, Kessler Thermometer Corp., previously entered guilty pleas in Suffolk County court on charges of reckless endangerment. The charges were based on the failure to ensure adequate air circulation and provide necessary protective equipment for employees exposed to mercury levels deemed hazardous.

The incident that led to these charges occurred on August 29, 2022, when a mercury spill happened at Kessler’s facility. In the aftermath, four employees were diagnosed with mercury poisoning. Reports from prosecutors revealed that due to the exposure, one employee required the installation of a pacemaker, while another continued to rely on an oxygen tank for breathing assistance.

Kevin Sullivan, the area director for the federal Occupational Safety and Health Administration (OSHA), expressed serious concern in a statement, highlighting the reckless nature of Kessler Thermometer Corp.’s negligence. He stated that the company had put workers’ lives at risk by disregarding essential safety measures necessary to manage hazardous mercury within the work environment.

On October 18, both Peyser and the company faced the legal consequences of their actions by pleading guilty to reckless endangerment. As part of the sentencing, Kessler Thermometer Corp. was sanctioned with fines amounting to $75,000, in addition to a civil assessment of $97,000 concerning OSHA violations.

During the sentencing hearing held on Friday, Peyser was ordered to adhere to all applicable state and federal health and safety regulations during his probation period. An inquiry for comments was submitted to Michael J. Brown, the attorney representing both Peyser and Kessler Thermometer Corp.

Mercury exposure is known to be a neurotoxin that can inflict serious damage on various body systems, including the nervous system, lungs, kidneys, heart, and cognitive functions. In light of these dangers, international consensus at the 2013 Minamata Convention on Mercury in Kumamoto, Japan, determined a phase-out deadline for the production of mercury thermometers by the year 2020.