Fabcon Precast Gets Max Penalty After Worker Crushed in Concrete Mixer

He had been on the job just six months.

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      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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