On January 30, 2018, the appeals court upheld Metron Construction's project manager Vadim Kazenelson's original 3 1/2 year jail conviction from 2015.
The appeals court agreed with the original judge, that the project manager, had become aware that proper safety protocol was not taking place with regards to the number of lifelines compared to the number of workers on the swing stage. The project manager, being the highest ranking official from metron construction would be reasonably expected to follow through the consequences of not enough lifelines in case the swing stage did collapse, and take corrective action. But instead the project manager decided to take the risk and carry on without enough lifelines that are required by safety regulations. And to compound the matter after the accident Mr Vadim Kazenelson asked one of the workers to lie and say he wasn't on the swing stage when it broke.
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Metron Conviction Summary from 2013