The U.S. Department of Justice announced that Fabcon Precast LLC, a company in Delaware, was fined $500,000 for intentionally violating the regulations of the Occupational Safety and Health Administration (OSHA), resulting in the death of a worker. This is the maximum legal penalty. In addition, Fabcon will receive a two-year organizational probation and implement a safety compliance program. The company’s factory in Grove City, Ohio, produced precast concrete slabs. The employee involved died of serious injuries due to a malfunction of the pneumatic door.
Batch operator Zachary Ledbetter was operating a concrete mixer when the exhaust valve handle was damaged and unable to close the discharge door normally, resulting in a head injury and his death five days later. The investigation found that Fabcon was aware that the valve was damaged but failed to replace it, which constituted an intentional violation. Federal law classifies such safety violations that result in death as a Class B misdemeanor, which is the only criminal charge applicable to such cases.
This case was investigated by the Office of the Inspector General of the Department of Labor and jointly prosecuted by the Environmental Crimes Division of the U.S. Department of Justice and the Attorney’s Office for the Southern District of Ohio. Fabcon’s plea and punishment highlight the serious consequences of workplace safety violations.
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