A company has entered into a deferred prosecution agreement with the U.S. Attorney’s Office and OSHA to pay more than $1.33 million to resolve criminal penalties and OSHA fines levied as a result of the death of a worker on Nov. 7, 2011. The U.S. Attorney’s Office filed the Deferred Prosecution Agreement on Sept. 5, 2013, and has asked that it be approved by the U.S. District Court for the District of South Dakota. Under the terms of the agreement, the company will pay the worker’s surviving spouse $450,000, a criminal fine of $450,000 and the full OSHA fine of $435,000 stemming from the regulatory violations that caused the fatality and additional violations discovered in subsequent inspections. OSHA’s investigation found the worker was fatally crushed in a machine used to make radiator cores, after management instructed and authorized workers to bypass the manufacturer’s barrier guard in order to adjust the machine to keep it running. OSHA also conducted two concurrent safety and health investigations at the company in February 2012, which resulted in 66 violations.