The Granite Falls, Minn.-based company cited for the February death of one of its employees at an ethanol plant near Lyle has reach an informal settlement with the Iowa Occupational Safety and Health Administration.

Fagen Engineering L.L.C. must pay $12,000 in fines and correct three violations slightly adjusted from the original April 24 citation issued after a two-month investigation.

According the IOSH, actions by Fagen may have contributed to the death of 56-year-old Austin-resident Kenneth Sterling, who was announced dead at the scene by emergency responders Feb. 10 after becoming lodged between an aerial man lift and ceiling beam. Sterling had been working on a new ethanol plant, Absolute Energy, located in St. Ansgar, Iowa just across the state line.

The first violation, amended from “serious” to “other”, alleges that the lift was used without testing ground operation controls, as required in the airlift’s JLG Operation and Safety Manuel. The settlement decreased the penalty from $5,000 to $3,500.

IOSH identically adjusted the second violation, reducing the severity type to “other” and the fine to $3,500. Violation language was also slightly changed, though still maintains that the lift was used without a key to operate platform, or upper, controls, thus thwarting efforts to override platform controls from the ground in an emergency situation.

The third violation remained the same in classification and cost. Fagen must pay $5,000 for failing to provide adequate operator training; improperly placing lifts near overhead obstacles; and incorrectly operating the lift, which was traveling in the opposite direction of the operator’s view. A clause referring to emergency control requirements, found in the original citation, was removed.

According to Bryant, Fagen requested an informal settlement May 14, five days before the contest deadline. Company co-owner Diane Fagen said in an earlier Herald article that the company was “absolutely” going to contest IOSH charges. Calls to her office were not immediately returned.

Bryant said the case will close following documentated abatement, or corrective action. All citation items must be resolved by June 11, 2006.