Roofing Contractor Defiant After Worker Fell to His Death

Wednesday, August 7, 2019 | 0

A Maine roofing contractor charged with manslaughter after a worker fell to his death is not taking the terms of his bail release seriously and still has not obtained workers' compensation coverage, prosecutors said.

Shawn Purvis's defense attorney argued at a bail hearing Monday that the bail conditions are unconstitutional, and that Purvis' workers are independent contractors who aren't covered by comp and who can't be forced to wear safety harnesses, according to a local news report.

The case has made headlines around the country and is considered a key test of when workers must be considered employees, covered by benefits and other obligations.

Purvis, of Scarborough, was charged in December with manslaughter and workplace manslaughter after his half-brother, Alan Loignon, fell from the roof of a three-story building. Purvis also faces a $2.5 million wrongful death lawsuit from Loignon's family, and almost $1.8 million in fines from the U.S. Occupational Safety and Health Administration.

As part of the conditions of his release on a recognizance bond, Purvis was required to send a weekly report to the state attorney general about his job site and the names of workers. The state Workers' Compensation Board also is investigating whether Purvis must obtain compensation insurance, and a judge is considering that as a bail condition, the news report said.

But Purvis, 44, and his lawyer, do not appear to be backing down from their contention that Purvis was not responsible. His attorney said Loignon was high on marijuana at the time of the accident. Purvis included an offensive phrase in his weekly report and noted only, “have no work scheduled.”

At the bail hearing, Assistant Attorney General Leanne Robbin took issue with the contention that the roofing crew members were independent contractors.

“This is a fiction that these guys are independent contractors,” Robbin said. “He is the employer. He is bringing in these guys for the day. He is showing them the job. He is putting them up on the roof with his ladders and his staging, and he is providing all the materials, and all the changes have to go through him. So we are requesting that this court impose these safety rules because it’s going to be a while until trial, and until then, we’ve got people potentially falling off roofs.” 

The judge made no decision on the bail but warned Purvis that he needed to take his weekly reports and other conditions more seriously.