LI Man Knowingly Exposed Employees To Hazardous Levels Of Mercury: DA

WST BABYLON, NY — A Long Island businessman and his corporation pleaded guilty in October to knowingly exposing employees to hazardous levels of mercury, according to Suffolk County District Attorney Raymond A. Tierney.

Robert Peyser, 66, of Bellmore, and his corporation, Kessler Thermometer Corp., located in West Babylon, knowingly exposing several employees to hazardous levels of mercury and didn't provide proper ventilation or protective equipment to them, despite having knowledge of at least one employee’s prior mercury poisoning diagnosis, the DA said.

According to the investigation, on or about Aug. 29, 2022, several employees of Kessler Thermometer Corp. were exposed to mercury—a neurotoxin and hazardous substance—at their worksite in West Babylon, the DA said.

If mercury is spilled and not cleaned properly, it can vaporize into the air, causing internal injuries in people such as lethal damage to the nervous system, lungs, kidneys, and heart and severely attack one’s mental faculties, the DA said.

The DA said employees of KTC worked with mercury daily when manufacturing and filling orders for glass thermometers and hydrometers and were exposed to it when glass instruments or machines broke, causing the mercury to spill on their work area, clothes, and skin. The employees were not provided with the proper protection, ventilation, or cleaning supplies needed once a spill occurred, causing the mercury to vaporize into the air, the DA said.

In the days and weeks after the August 2022 spill, multiple employees began to exhibit symptoms consistent with mercury poisoning and receive medical treatment at North Shore University Hospital and Long Island Jewish Medical Center, the DA said.

According to the DA, blood and urine tests of four employees found high levels of mercury and were diagnosed with mercury poisoning. One of them had a heart block which required the implementation of a permanent pacemaker, another was in a coma, and to this day needs an oxygen tank to assist his breathing, while others suffered from memory loss and fatigue, the DA said.

A treating physician notified OSHA, the EPA, and the New York State Department of Health of the employees’ mercury exposure.

In addition, there were also several complaints prior to the 2022 incident, the DA said. In July 2020, a doctor notified Peyser that one of his employees had been exposed to toxic levels of mercury and recommended that he implement the necessary health and safety procedures to protect all of his employees at KTC, the DA said.

However, Peyser failed to change and implement proper health and safety standards, which he admitted during his plea, the DA said.

"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," Tierney 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 Oct. 18, Kessler Thermometer Corp. pleaded guilty, as charged, to first-degree reckless endangerment, a Class D felony, before Acting County Court Judge Pierce F. Cohalan, the DA said. As a component of an extensive plea disposition, the SCDA required the corporation to pay $75,000 in fines. This is in addition to a separate civil assessment of around $97,000 against Kessler as a result of OSHA violations.

On that same day, Peyser pleaded guilty to second-degree reckless endangerment, a Class A misdemeanor, before Judge Cohalan, the DA said. Peyser was sentenced to probation on Dec. 13, 2024.

During his probationary period, Peyser must ensure corporate compliance with all of OSHA’s, the EPA’s, and the NYS DEC’s health and safety standards. Should he violate any term of his plea or condition of his probation, Peyser faces a sentence of up to one year in jail, the DA said.

"We reserve criminal investigation for egregious cases involving serious employer misconduct, especially when workers are placed in harm’s way," said Tyler Amon, Special Agent in Charge with EPA’s Criminal Investigation Division in New York. "Workplace safety violations will continue to be an area of focus for EPA to ensure employers are following important health and safety requirements."

Peyser and Kessler Thermometer Corp. are being represented by Michael J. Brown, Esq.