(AGENPARL) - Roma, 17 Ottobre 2023 - (AGENPARL) – mar 17 ottobre 2023 Issued: Oct 17, 2023 (4:21pm EDT)
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EPA and OSHA Investigations Lead to Convictions of Company Officials in Deadly
Mill Explosion Case
WASHINGTON (Oct. 17, 2023) – On Friday, Oct. 13, a federal jury in Madison,
Wisconsin, convicted current and former Didion Milling Inc. officials of
workplace safety, environmental, fraud and obstruction of justice charges
following a deadly explosion in 2017 at a corn mill that Didion Milling
operated in Cambria, Wisconsin. The explosion killed five workers and
seriously injured others.
Didion Milling Vice President of Operations, Derrick Clark, was convicted of
conspiring to falsify documents, making false Clean Air Act compliance
certifications as Didion’s “responsible official” and obstructing the
Occupational Safety and Health Administration’s (OSHA) investigation of the
explosion at the corn mill by making false and misleading statements during a
deposition.  
Former Didion Milling Food Safety Superintendent, Shawn Mesner, was convicted
of participating in a fraud conspiracy against Didion Milling’s customers
and conspiring to obstruct and mislead OSHA for his role in falsifying
sanitation records used at Didion to track the completion of cleanings
designed to remove accumulations of corn dust at the mill. 
“The tragic loss of life in this case shows the terrible consequences that
can result when companies fail to implement required health, safety and
environmental measures,” said Assistant Administrator David M. Uhlmann for
EPA’s Office of Enforcement and Compliance Assurance. “The convictions of
Didion Milling senior managers sends a clear message that EPA and our law
enforcement partners will investigate and prosecute companies that put profits
above the health and safety of their workers.” 
“The trial and convictions in this case show that compliance matters, and
attempting to hide non-compliance, is not just a ‘technical’ violation,”
said Assistant Attorney General Todd Kim of the Justice Department’s
Environment and Natural Resources Division (ENRD). “Managers and officers
who enable corporate cultures that tolerate, encourage or cover up violations,
and who participate in falsifying documents and obstructing agency
investigations, will and must be held accountable in addition to the
corporations.”
“Derrick Clark and Shawn Messner chose to intentionally mislead OSHA
investigators and made false statements about their knowledge of working
conditions at the plant to protect themselves and cover their mistakes,”
said OSHA Regional Administrator Bill Donovan in Chicago. “Their blatant
actions demonstrated a callous disregard for the loss of life, injuries and
property damage that occurred under their leadership at the Didion Mill. Both
Clark and Messner ignored their legal and moral obligation to protect workers
before and after the explosion. OSHA is committed to taking all necessary
action to hold employers responsible for protecting workers on the job.”
A permit issued under the Clean Air Act required compliance by Didion Milling
at its corn mill including the operation of baghouses equipment, which are
designed to limit the release of particulate matter like corn dust into the
environment. The permit also required a “responsible official,” a senior
manager with authority, to periodically certify the mill’s compliance with
air pollution control permit conditions and disclose known permit violations.
Clark falsely certified Didion’s compliance without disclosing that baghouse
logs – documentation on maintenance of baghouse equipment – had been
systematically falsified to conceal permit violations.
Grain dust can be explosive, and OSHA safety standards require grain milling
facilities like the Didion Milling corn mill to develop and implement
housekeeping programs, including regular cleanings, to reduce grain dust
accumulation. Didion Milling maintained its master sanitation schedule to
record the performance of required cleanings. Clark and Mesner were convicted
of participating in a conspiracy to falsify that cleaning log, including
directing others to backfill entries for uncompleted cleanings.
Federal law gives OSHA six months to gather facts and issue appropriate
citations after a safety violation occurrence. In matters involving worker
deaths, evidence that corporate managers knew about violations can result in
issuance of a “willful” citation and a criminal referral.  OSHA
subpoenaed Clark’s testimony in September 2017, during the corn mill
explosion fatality investigation. Clark gave false and misleading testimony
about his knowledge of problems with the dust collection system at Didion’s
corn mill, his knowledge of explosion hazards and his knowledge of prior fires
at the facility.
Didion Milling sold its milled corn products to food and beverage
manufacturers. Sanitation at food manufacturing facilities is necessary for
food safety, and excessive accumulations of grain dust can cause food safety
problems. Through deceptive means, including repeatedly presenting a falsified
cleaning log to food safety auditors, Mesner conspired to deceive Didion’s
customers about its sanitation practices. As food safety superintendent,
Mesner directed operations personnel to falsify the log to make it appear as
if the cleaning schedule was being followed.  
The jury on Friday also acquitted former Didion Milling environmental manager
James Lenz of charges relating to falsifying environmental records and
conspiring to make false statements and obstruct agency proceedings.  
Didion Milling previously pleaded guilty to falsifying the cleaning logs and
baghouse logs at the mill and agreed to pay a criminal fine of $1,000,000 and
restitution of $10.25 million to the victims of the 2017 explosion. Didion
Milling shift superintendents Nicholas Booker, Michael Bright and Joel
Niemeyer previously pleaded guilty to false statement charges for
participating in the falsification of the cleaning logs and baghouse logs.
Didion Milling shift superintendent Anthony Hess pleaded guilty to obstructing
OSHA by making false and misleading statements about the accuracy of the
cleaning log during a sworn statement taken as part of OSHA’s investigation
into the mill explosion. Former Didion Milling environmental manager Joseph
Winch previously pleaded guilty to conspiracy to conceal environmental
violations from regulators by falsifying compliance certifications and
providing falsified logs to regulators.
Sentencing hearings for each of the defendants before U.S. District Court
Judge James D. Peterson for the Western District of Wisconsin will be
scheduled at a later date.
The criminal case was investigated by the U.S. Environmental Protection
Agency-Criminal Investigation Division.
Trial Attorneys Samuel Lord and Joel La Bissonniere and Senior Trial Attorney
Richard J. Powers of the U.S. Department of Justice Environment and Natural
Resources Division’s Environmental Crimes Section prosecuted the case.
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