Lakeport >> A manager of Hoberg’s Resort and Spa recently pled guilty to a misdemeanor charge related to potentially exposing his employees to asbestos during the widely-publicized renovation of the historical site.
On April 6 Daniel E. Nelson issued his plea to misdemeanor violation of California Labor Code section 6423.
The Lake County District Attorney’s office alleged in a criminal complaint that Nelson repeatedly violated the Cal/OSHA asbestos workplace-safety regulations for structure demolitions, which the DA’s office claims caused a real and apparent hazard to employees by means of potential exposure to asbestos.
The terms of Nelson’s plea include three years’ probation, which require him to serve 60 days in the county jail, 340 hours of community service, pay a $5,000 fine and pay a non-deductible sum of $20,000 to the Lakeside Health Clinic of Lake County, a comprehensive care clinic for the uninsured and underinsured. The latter sum will be used for health screenings for potential victims in the case as well as to fill various urgent financial needs at the clinic that would allow it to further and better serve low-income residents of Lake County.
Nelson was the acting manager of Lake County Resorts, LLC, then owners of Hoberg’s Resort and Spa. In September of 2011, the Lake County Air Quality Management District (LCAQMD) received an incomplete asbestos notification form for renovation of one of the buildings at the resort. An asbestos inspection was performed on Sept. 6, 2011, which found asbestos present in all samples, but LCAQMD never received a complete asbestos notification form.
Subsequent to demolition and renovation by employees hired by Nelson, LCAQM staff observed large debris piles on the Hoberg’s property in August of 2012. A Notice of Violation was immediately issued to Hoberg’s citing the failure to inspect for asbestos, failure to notify and for renovating without notice. The case was investigated by LCAQM Air Pollution Control Officer Doug Gearhart and by Lake County District Attorney’s Office Investigator John Flynn.
Other charges filed by the Lake County District Attorney included failure to secure workers’ compensation insurance, a violation of section 3700.5 of the California Labor Code, and violations of section 42400 of the California Health and Safety Code concerning asbestos emissions control measures. These counts were dismissed with a “Harvey Waiver,” entitling Nelson’s victims to restitution.
Nelson was previously sentenced in Santa Clara County on one felony count of workers’ compensation insurance premium fraud on June 9, 2011. Last year he opened parts of the resort for a successful summer concert run. He donated funds to a Middletown High School organization and other local groups. Building at the location ended in the fall.
