NEW YORK (1010 WINS) – A Long Island business owner pleaded guilty for knowingly exposing several of his employees to hazardous levels of mercury and for not providing proper ventilation or protective equipment to them, prosecutors announced on Friday.
Robert Peyser, 66, of Bellmore, and his corporation, Kessler Thermometer Corp., located in West Babylon, pleaded guilty to reckless endangerment, according to Suffolk County District Attorney Raymond Tierney.
“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,” Tierney said.
According to the investigation, in August 2022, several employees of Kessler Thermometer Corp. were exposed to mercury, a neurotoxin and hazardous substance, at their worksite. When mercury is not cleaned properly, it can vaporize into the air and exposure can result in internal injuries, such as lethal damage to the nervous system, lungs, kidneys, and heart. It can also severely attack one’s mental faculties.
Employees at Kessler Thermometer Corp. worked daily with mercury while making and filling orders for glass thermometers and hydrometers, prosecutors said. They were exposed to the toxic substance when glass instruments or machines broke, spilling mercury onto their work area, clothes, and skin. Court documents state that the company did not provide proper protection, ventilation, or cleaning supplies to handle spills, causing the mercury to vaporize into the air.
In the days and weeks after the large mercury spill on Aug. 29, 2022, multiple employees began to exhibit symptoms consistent with mercury poisoning and receive medical treatment at North Shore University Hospital and Long Island Jewish Medical Center.
Four employees faced health impacts from mercury exposure, confirmed through blood and urine tests. One worker developed a heart block, a dangerous condition that required a permanent pacemaker to be implanted. Another employee fell into a coma and, even now, relies on an oxygen tank to breathe. Others reported symptoms like memory loss and persistent fatigue, according to court documents.
“Kessler Thermometer Corp. knowingly endangered the lives and health of their employees by ignoring basic safeguards to control hazardous mercury in the workplace and failed to acknowledge its employees were being sickened by mercury exposure,” said OSHA Area Director Kevin Sullivan. “This company has been operating for about 20 years and knows the dangers their workers face.”
A treating physician alerted OSHA, the EPA, and the New York State Department of Health about the employees’ mercury exposure. Detectives discovered that there had been several complaints before the Aug. 29, 2022, incident. Peyser had been notified by a physician that an employee at Kessler Thermometer Corp. had been exposed to toxic levels of mercury.
The physician recommended that Peyser take the necessary health and safety procedures to protect all of his employees. However, the company did not change and implement proper health and safety standards.
On Oct. 18, Kessler Thermometer Corp. and Peyser pleaded guilty. The SCDA required the corporation to pay $75,000 in fines. This is in addition to a separate civil assessment of around $97,000 against Kessler as a result of OSHA violations.
Peyser was sentenced to probation, during which he must ensure corporate compliance with all health and safety standards set by OSHA, the EPA, and the NYS DEC. If he violates any terms of his plea or conditions of his probation, he could face up to one year in jail.