James McCullagh was guilty of a misdemeanor for failing to provide fall protection to Mark Smith, but lying to federal inspectors about the incident is a felony, as is asking employees to do the same, and that's what drew the nearly year-long sentence. Smith, a good friend of McCullagh's, wasn't wearing a safety harness when the scaffolding on which he was working gave way. At the time of the accident, Smith was working near the top of a steep roof at the Old Zion Lutheran Church in Philadelphia. He fell 15 feet to a lower roof, and then another 30 feet to the ground. He died at the hospital where he had been taken for treatment. McCullagh asked workers to tell OSHA inspectors they had safety harnesses but Smith was not wearing his. Employees went along, but later changed their minds and alerted authorities. McCullagh apologized to Smith's family. "It is a dangerous trade," he told U.S. District Judge Nitza Quinones Alejandro. "The men in the roofing industry - we take it for granted that our skill is all that's needed."

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