Thermometer Company Knowingly Exposed Workers to Mercury Poisoning
By Hank Russell
The owner and principal of a thermometer company pleaded guilty, as did his corporation, to charges of felony reckless endangerment.
According to the charges, Robert Peyser, 66, of Bellmore, and his corporation, Kessler Thermometer Corp., knowingly exposed several of their employees to hazardous levels of mercury and for not providing proper ventilation or protective equipment to them, despite knowing at least one employee’s prior mercury poisoning diagnosis.
Founded in 1934, Kessler has an 8,000-square-foot laboratory and manufacturing facility in West Babylon. Among its products are thermometers, hydrometers, refractometer, tank gauging equipment, brewery supplies and instruments, oil centrifuge tubes and instruments for the maple syrup industry, according to the company’s website.
On August 29, 2022, several Kessler employees were exposed to mercury at their worksite in West Babylon. Mercury is a neurotoxin and hazardous substance. Once spilled, if mercury is not cleaned properly, it can vaporize into the air. The mercury exposure can result in lethal damage to the nervous system, lungs, kidneys, and heart. It can also severely attack one’s mental faculties.
The employees worked with mercury on a daily basis when manufacturing and filling orders for glass thermometers and hydrometers. These employees were exposed to the neurotoxin when glass instruments or machines broke, causing the mercury to spill on their work area, clothes, and skin. The employees were not provided the proper protection, ventilation, or cleaning supplies needed once a spill occurred, causing the mercury to vaporize.
In the days and weeks after the large mercury spill on August 29, 2022, multiple employees began to exhibit symptoms consistent with mercury poisoning and received medical treatment at North Shore University Hospital and Long Island Jewish Medical Center. According to blood and urine tests, four employees exhibited high levels of mercury and were diagnosed with mercury poisoning. One of those employees had a heart block which required the implementation of a permanent pacemaker. Another employee was in a coma, and, to this day, needs an oxygen tank to help with his breathing. Other employees suffered from memory loss and fatigue. A treating physician notified the Occupational Health & Safety Administration (OSHA), the Environmental Protection Agency (EPA), and the New York State Department of Health of the employees’ mercury exposure.
There were several complaints before the incident, particularly in July 2020, when Peyser was notified by a physician that one of his employees had been exposed to toxic levels of mercury. The physician recommended that Peyser implement the necessary health and safety procedures to protect all of his employees. However, Kessler failed to change and implement proper health and safety standards. During his plea, Peyser himself admitted that he failed to implement the necessary and legally required safety measures to protect the corporation’s employees from the harmful effects of mercury.
On October 18, 2024, Kessler Thermometer Corp. pleaded guilty, as charged, to first-degree reckless endangerment, a Class D felony, before Acting County Court Judge Pierce F. Cohalan. As a component of an extensive plea disposition, the Suffolk DA’s Office required the corporation to pay $75,000 in fines. This is in addition to a separate civil assessment of approximately $97,000 against Kessler as a result of the OSHA violations.
On that same day, Peyser pleaded guilty to second-degree reckless endangerment, a Class A misdemeanor, before Judge Cohalan. Peyser was sentenced to probation on December 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.
“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,” said Suffolk County District Attorney Ray Tierney. “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.”
“Kessler Thermometer Corp. knowingly endangered the lives and health of their employees by ignoring basic safeguards to control hazardous mercury in the workplace and failed to acknowledge its employees were being sickened by mercury exposure,” said OSHA Area Director Kevin Sullivan. “This company has been operating for about 20 years and knows the dangers their workers face.”
“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.”