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Suffolk County District Attorney's Office Logo | Official website
Suffolk County District Attorney Raymond A. Tierney announced that Robert Peyser and Kessler Thermometer Corp. have pleaded guilty to reckless endangerment charges. The charges stem from knowingly exposing employees to hazardous mercury levels without proper ventilation or protective equipment, despite being aware of an employee's previous mercury poisoning diagnosis.
"Despite being notified that an employee was suffering from mercury poisoning, this defendant and his corporation continued to put their employees’ health, and lives, at risk," said District Attorney Tierney. He acknowledged the efforts of detectives in the Suffolk County Police Department’s District Attorney Squad, as well as the EPA and OSHA, for holding the defendants accountable.
OSHA Area Director Kevin Sullivan stated, "Kessler Thermometer Corp. knowingly endangered the lives and health of their employees by ignoring basic safeguards to control hazardous mercury in the workplace." He emphasized that the company has been operating for about 20 years and is aware of the risks faced by its workers.
Tyler Amon, Special Agent in Charge with EPA’s Criminal Investigation Division in New York, remarked on the seriousness of employer misconduct involved: "We reserve criminal investigation for egregious cases involving serious employer misconduct, especially when workers are placed in harm’s way."
The investigation revealed that on August 29, 2022, several employees were exposed to mercury at Kessler Thermometer Corp.'s West Babylon site. Mercury exposure can cause severe internal injuries affecting various organs and mental faculties if not properly managed after a spill.
Employees frequently handled mercury while manufacturing glass thermometers and hydrometers. Breakages led to spills contaminating work areas without adequate protection or cleanup measures provided by the company.
Following a significant spill on August 29, 2022, multiple employees exhibited symptoms consistent with mercury poisoning. Medical treatment was sought at North Shore University Hospital and Long Island Jewish Medical Center where tests confirmed high mercury levels in four employees. One suffered a heart block requiring a pacemaker; another fell into a coma needing ongoing oxygen support; others experienced memory loss and fatigue.
A physician treating these cases reported them to OSHA, EPA, and New York State Department of Health due to concerns over occupational safety violations.