ANN ARBOR (WWJ) – The state has fined an Ann Arbor hotel and the owners could face criminal charges after a maintenance employee died of carbon monoxide poisoning last fall.
The Michigan Occupational Safety and Health Administration (MIOSHA) imposed eight citations against US 23 Lodge LLC, the operators of the Victory Inn and Suites, totaling $155,600. MIOSHA officials say that’s the maximum penalty allowed under law.
A 49-year-old employee died after being found slouched against a wall of a boiler room on the third floor at the hotel on Nov. 28, 2022.
Officials say his autopsy showed his death was a result of excessive exposure to carbon monoxide.
MIOSHA investigators discovered the exhaust on the boiler system was blocked with a metal sheet, which allowed the carbon monoxide gasses to build up inside the room. The system’s air intake was also blocked off with a garbage bag that prevented the flow of fresh air into the boiler room, officials said.
A “willful designation” was used for two of the fatality-related violations against the hotel operators because they have a “history of noncompliance with state and municipal fire, boiler and building codes,” according to MIOSHA.
“The employer’s knowledge of the worker’s inexperience with boiler-type heating systems also shows the employer’s plain indifference to employee health and safety and MIOSHA rules,” a MIOSHA press release said.
The employer also received six serious citations related to ventilation control, design safety standards for electrical systems, powered groundskeeping equipment, asbestos and not having a hazard communication program in place.
The hotel operator was deemed a “severe violator” due to at least one willful citation being issued that is directly related to the employee’s death.
MIOSHA officials say US-23 Lodge LLC will be referred to the Michigan Attorney General’s office for possible criminal charges.
"The state of Michigan is committed to working with all employers to ensure protections for every Michigan worker,” said Sean Egan, Deputy Director of Labor for the Michigan Department of Labor and Economic Opportunity. “When the proper health and safety systems are not in place, we must hold employers accountable to ensure future tragedies are avoided. All workers deserve to come home to their families at the end of each day.”
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