On June 6, 2020, 20-year-old Zachary Ledbetter was working as a batch operator at Fabcon Precast, a company that manufactures precast concrete panels in Ohio. Ledbetter had been on the job for about six months.
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Batch operators at Fabcon operate and clean the facility's only concrete mixer. Concrete was discharged from the bottom of the mixer through a pneumatic door. The mixer had an exhaust valve that released the pneumatic energy powering the discharge door, rendering it inoperable, but at some point, the handle that operated the valve broke off and wasn't replaced.
According to the Department of Justice, Ledbetter was on duty when the discharge door failed to close after releasing a batch of concrete. Because the valve was broken, Ledbetter couldn't perform the proper procedure to make the door safe to work around. When he attempted to free the door, it closed on his head, trapping him. Ledbetter was freed and transported to a hospital, but he succumbed to his injuries five days later.
Fabcon Precast, a Delaware corporation that operates several facilities in the U.S., pleaded guilty in federal court this February to willfully violating an OSHA rule, a criminal charge.
Yesterday, Fabcon was ordered to pay a $500,000 fine, the statutory maximum. The company will also serve a two-year organizational probation and comply with a Safety Compliance Plan.
Special Agent in Charge Megan Howell of the U.S. Department of Labor Office of Inspector General of the Great Lakes Region said the sentence, "Highlights our steadfast commitment to continue working with OSHA and our law enforcement partners to hold accountable those who jeopardize workers' safety."
Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes an employee death. The misdemeanor is the only federal criminal charge covering such safety violations.
Fabcon Precast has not responded to our request for comment.
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X-TIMESTAMP-MAP=LOCAL:00:00:00.000,MPEGTS:0
00:00.239 --> 00:06.730
On June 6, 2020, 20-year-old Zachary Ledbetter
was working as a batch operator at Fabcon
00:06.730 --> 00:11.750
Precast, a company that manufactures precast
concrete panels in Ohio.
00:12.119 --> 00:15.109
Ledbetter had been on the job for about 6
months.
00:15.359 --> 00:19.305
Batcher.
At Fabcon operate and clean the facility's only
00:19.305 --> 00:22.305
concrete mixer.
Concrete was discharged from the bottom of the
00:22.305 --> 00:23.895
mixer through a pneumatic door.
00:24.184 --> 00:28.504
The mixer had an exhaust valve that released
the pneumatic energy powering the discharge
00:28.504 --> 00:31.774
door, rendering it inoperable.
But at some point,
00:32.064 --> 00:36.145
the handle that operated the valve broke and
wasn't replaced.
00:36.424 --> 00:40.825
According to the Department of Justice,
Ledbetter was on duty when the discharge door
00:40.825 --> 00:43.784
failed to close after releasing a batch of
concrete.
00:44.209 --> 00:48.840
Because the valve was broken, Ledbetter
couldn't perform the proper procedure to make
00:48.840 --> 00:50.310
the door safe to work around.
00:50.560 --> 00:54.069
When he attempted to free the door, it closed
on his head,
00:54.319 --> 00:57.400
trapping him.
Ledbetter was freed and transported to a
00:57.400 --> 01:00.869
hospital, but he succumbed to his injuries five
days later.
01:01.009 --> 01:04.714
Fabcon precast.
A Delaware corporation that operates several
01:04.714 --> 01:10.035
facilities in the United States pleaded guilty
in federal court this February to willfully
01:10.035 --> 01:12.904
violating an OSHA rule, a criminal charge.
01:13.235 --> 01:19.834
Yesterday, Fabcon was ordered to pay a $500,000
fine, the statutory maximum.
01:20.230 --> 01:25.250
The company will also serve a 2 year
organizational probation and comply with a
01:25.250 --> 01:26.559
safety compliance plan.
01:26.769 --> 01:31.050
Special Agent in Charge Megan Howell of the
United States Department of Labor Office of
01:31.050 --> 01:36.410
Inspector General of the Great Lakes region
said the sentence highlights our steadfast.
01:36.705 --> 01:41.425
commitment to continue working with OSHA and
our law enforcement partners to hold
01:41.425 --> 01:44.294
accountable those who jeopardize workers'
safety.
01:44.544 --> 01:49.705
Federal law makes it a Class B misdemeanor to
willfully fail to follow an OSHA safety
01:49.705 --> 01:53.014
standard where the failure causes an employee
death.
01:53.345 --> 01:58.614
The misdemeanor is the only federal criminal
charge covering such safety violations.
01:59.105 --> 02:02.614
Fabcon Precast has not responded to our request
for comment.
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I'm David Manti.
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This is manufacturing now.