A Delaware corporation that operates a concrete manufacturing facility in Ohio was sentenced Monday to pay the maximum fine of $500,000 after pleading guilty to willfully violating federal workplace safety rules that led to an employee’s death.
Fabcon Precast LLC will also serve two years of organizational probation and must follow a court-ordered Safety Compliance Plan. The company’s Grove City facility manufactures precast concrete panels using equipment that proved fatal when safety measures failed.
The criminal case stems from the June 2020 death of batch operator Zachary Ledbetter, who was killed when a pneumatic door on the facility’s concrete mixer closed on his head. Ledbetter had been attempting to manually close the discharge door after a critical safety component broke and was not replaced.
Safety valve failure preceded fatal accident
The concrete mixer at Fabcon’s facility discharged material through a pneumatic door at the bottom. The machine included an exhaust valve designed to release pneumatic energy and render the door inoperable during maintenance or cleaning operations.
However, the valve’s handle had broken off before June 6, 2020, and company officials failed to replace it. On that date, Ledbetter was working to close the discharge door when the accident occurred. Though he was eventually freed from the equipment, Ledbetter died at a hospital five days later.
Batch operators like Ledbetter were responsible for operating and cleaning the facility’s only concrete mixer as part of their regular duties.
Federal prosecutors emphasize workplace safety accountability
“Today’s sentencing reflects Fabcon’s willful failure to implement measures to protect its workers,” said Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “Sadly, this led to Zachary’s death. This tragedy shows the importance of following safety standards.”
The case represents the type of criminal prosecution available under federal law for workplace safety violations. Willfully failing to follow Occupational Safety and Health Administration standards that result in employee death constitutes a class B misdemeanor under federal statutes.
“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,” said Special Agent in Charge Megan Howell of the U.S. Department of Labor Office of Inspector General, Great Lakes Region.
Limited federal criminal options for workplace deaths
The class B misdemeanor charge represents the only federal criminal option available for prosecuting workplace safety violations that cause employee deaths. This limitation often frustrates safety advocates who argue that stronger criminal penalties might better deter companies from cutting corners on worker protection.
The Department of Labor’s Office of Inspector General investigated the case, while Senior Trial Attorney and Special Assistant U.S. Attorney Adam Cullman prosecuted it through the Environmental Crimes Section and the Southern District of Ohio.
The $500,000 fine represents the statutory maximum penalty available under current federal law for this type of workplace safety violation.
