Apple Valley drowning leads to record Minnesota OSHA fine for ‘willful’ workplace violations
A Plymouth 18-year-old was working for a Columbia Heights weed management company when he drowned in Lac Lavon.
The May drowning death of an 18-year-old who was scuba diving to clear weeds from an Apple Valley lake has led to a $730,369 workplace penalty, the largest in state history.
Joseph Anderson, of Plymouth, was an employee of Your Lake Aquatic Plant Management, working for the Columbia Heights company cleaning out weeds 10 to 15 feet below the surface of Lac Lavon Lake the morning of May 21.
It was Anderson’s first time diving underwater and using scuba equipment, and he had received 10 to 15 minutes of training prior to the dive from a co-worker who was not scuba certified, according to an investigation report by the Minnesota Occupational Safety and Health Administration.
After several minutes, co-workers noticed they had not seen exhaust bubbles from Anderson and found him unresponsive underwater. Anderson was wearing a wetsuit, scuba mask and weight belt, but the oxygen regulator was out of his mouth at the time of discovery, according to the report.
Anderson, a recent graduate of Wayzata High School who took classes at Bethel University, died three days later in the intensive care unit at M Health Fairview University of Minnesota Medical Center in Minneapolis, according to his obituary.
Minnesota OSHA compliance issued five “willful” violations of the commercial diving operations against Your Lake Aquatic Plant Management last month. A willful violation carries the highest penalty, up to $161,323.
Company contesting violations
According to Minnesota OSHA, the investigation found Your Lake employees did not have the experience or training necessary to perform work safely, nor were they trained in CPR and first aid.
Also, a company employee was not designated to be in charge of all aspects of the diving operation; a safe-practices manual had not been developed or maintained; and a standby diver was not available while diving operations took place.
Your Lake has filed a notice contesting the violations. Owner Grant Johnson, when reached by phone Thursday, read a prepared statement he said was cleared by his attorneys.
“We can’t offer much of a statement or additional info at this time,” the statement read. “All of the alleged violations are being contested in good faith. Please continue to keep the family in prayers.”
According to Minnesota OSHA, to cite a willful violation, the investigator must collect evidence that the employer is aware a hazardous condition exists, knows the condition violates a standard or other obligation of the OSH Act and does not make a reasonable effort to eliminate it.
To conform with federal OSHA levels, state workplace penalties were increased last year and again in October, according to Minnesota OSHA.
Anderson’s death was the second Minnesota worker drowning in two years that involved employees using scuba diving equipment while performing aquatic weed removal in a lake. An employee of Twin Cities-based Dive Guys drowned in June 2022 while working near a dock in Lake Minnetonka’s Maxwell Bay in Wayzata.
Dive Guys was issued three serious safety citations totaling $26,950 and two willful violations, at $50,000 apiece. The business contested the case and OSHA reduced the willful citations to $29,539 each as part of a settlement, according to the OSHA case file. OSHA dropped the serious citations to a total of $15,920. The case remains open.
In July, Minnesota OSHA levied what was then the largest penalty — $621,600 in fines — when Rosemount-based Wayne Transports was cited with 12 serious violations after a worker died on March 7 of asphyxia after chemical exposure in Virginia, Minn. The case remains open.
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