Grove City, OH – A Delaware-based company, Fabcon Precast LLC, has been sentenced to pay the maximum statutory fine of $500,000 after pleading guilty to a willful violation of federal workplace safety standards that led to the death of an employee. The sentencing, handed down in a federal court, also includes two years of organizational probation and the implementation of a comprehensive Safety Compliance Plan.
The case stems from a tragic incident on June 6, 2020, at Fabcon's Grove City, Ohio, manufacturing facility. Zachary Ledbetter, a batch operator, was fatally injured when a pneumatic door on a concrete mixer closed on his head.
According to court documents, a critical safety feature on the mixer, an exhaust valve designed to release pneumatic pressure and render the door inoperable during cleaning and maintenance, was broken. The handle for this valve had been missing for some time and was never replaced by the company.
On the day of the incident, Mr. Ledbetter was attempting to clean the mixer when the powerful pneumatic door malfunctioned and trapped him. He was eventually freed but tragically succumbed to his injuries five days later in a hospital.
"Today’s sentencing reflects Fabcon’s willful failure to implement measures to protect its workers,” stated Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “Sadly, this led to Zachary’s death. This tragedy shows the importance of following safety standards.”
Federal law designates the willful failure to adhere to an Occupational Safety and Health Administration (OSHA) safety standard that results in an employee's death as a class B misdemeanor. This is the only federal criminal charge applicable to such workplace safety violations.
Special Agent in Charge Megan Howell of the U.S. Department of Labor Office of Inspector General, Great Lakes Region, echoed these sentiments, saying, “Fabcon Precast LLC willfully failed to adhere to OSHA safety regulations which resulted in the tragic and preventable loss of a worker’s life. This sentencing highlights our steadfast commitment to continue working with OSHA and our law enforcement partners to hold accountable those who jeopardize workers’ safety.”
The investigation was conducted by the Department of Labor’s Office of Inspector General. The case was prosecuted by Senior Trial Attorney and Special Assistant U.S. Attorney Adam Cullman of the ENRD’s Environmental Crimes Section.
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