Business owner admits to endangering employees with mercury exposure

Posted

A Bellmore man and his corporation have pleaded guilty to endangering employees by exposing them to hazardous mercury levels without proper protections.

Robert Peyser, 66, of Bellmore, and his company, Kessler Thermometer Corp., based in West Babylon, admitted to reckless endangerment charges after failing to implement health and safety measures, despite prior warnings about mercury exposure. The findings violated Occupational Safety and Health Administration and U.S. Environmental Protection Agency standards.

“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,” Robert Tierney, the Suffolk County District Attoney, said. “I thank our detectives in the Suffolk County Police Department’s District Attorney Squad, as well as the EPA and OSHA, for their efforts to ensure that these defendants were held responsible for their actions.” 

On Aug. 29, 2022, several employees of Kessler Thermometer Corp. were exposed to mercury — a hazardous neurotoxin — after a significant spill at the worksite. When mercury is not cleaned properly, it can vaporize, resulting in severe damage to the nervous system, lungs, kidneys, and heart. Employees who worked daily with mercury while manufacturing thermometers were not provided with proper ventilation, protective gear, or cleaning supplies. 

In the weeks following the spill, multiple workers displayed symptoms consistent with mercury poisoning and were treated at North Shore University Hospital and Long Island Jewish Medical Center. Blood and urine tests revealed elevated mercury levels in four employees. One worker required a permanent pacemaker due to heart issues, while another fell into a coma and now requires an oxygen tank to breathe. Other employees suffered from memory loss and fatigue. 

Investigators learned that in July 2020, Peyser had been notified by a physician that one employee had toxic mercury exposure. The physician recommended implementing safety procedures to protect workers, but Peyser failed to act. During his plea, Peyser admitted that he did not meet legally required safety measures to protect employees. 

On Oct. 18, Kessler Thermometer Corp. pleaded guilty to Reckless Endangerment in the First Degree, a Class D felony. As part of the plea deal, the corporation must pay $75,000 in fines, in addition to a $97,000 civil penalty for OSHA violations. 

Peyser pleaded guilty to reckless endangerment, a misdemeanor. On Dec. 13, he was sentenced to probation, requiring compliance with health and safety standards set by OSHA, the Environmental Protection Agency, and the New York State Department of Environmental Conservation. Failure to comply could result in up to one year in jail. 

“Kessler Thermometer Corp. knowingly endangered the lives and health of their employees by ignoring basic safeguards,” OSHA Area Director Kevin Sullivan said. “This company has been operating for about 20 years and knows the dangers their workers face.” 

The case was prosecuted by Assistant District Attorney Adriana Noyola of the Biological Environmental Animal Safety Team, with Detective Thomas Smith and the Suffolk County Police Department’s District Attorney Squad conducting the investigation. Peyser and Kessler Thermometer Corp. were represented by attorney Michael Brown.