A Delaware-based manufacturing company with operations in Grove City, Ohio, has been fined $500,000—the maximum penalty permitted by law—after pleading guilty to a criminal charge stemming from a tragic workplace fatality.
Fabcon Precast LLC, a producer of precast concrete panels, admitted to willfully violating federal Occupational Safety and Health Administration (OSHA) regulations. The violation resulted in the death of an employee, prompting a criminal case led by the U.S. Department of Justice.
As part of its sentence, Fabcon will also be placed on organizational probation for two years, during which time it must adhere to a comprehensive Safety Compliance Plan approved by federal authorities.
The Incident: Faulty Equipment and a Preventable Death
The fatal accident occurred on June 6, 2020, at Fabcon’s Grove City facility, where workers operate large-scale machinery, including a concrete mixer with a pneumatic discharge door. These mixers use pressurized air to open and close a heavy door at the bottom through which concrete is released.
Central to the system’s safe operation is an exhaust valve, which, when engaged, safely releases the built-up pneumatic energy, rendering the discharge door inoperable and safe for maintenance and cleaning.
However, the mixer’s exhaust valve had a broken handle, a defect known to Fabcon personnel and left unrepaired for an extended period prior to the incident. Despite this clear safety hazard, the company failed to fix or replace the broken component, which directly led to the tragedy.
Zachary Ledbetter, a batch operator responsible for operating and cleaning the mixer, became trapped when the pneumatic discharge door forcefully closed on his head while he was attempting to manually secure it. He sustained critical injuries and was transported to a hospital. Tragically, Ledbetter succumbed to his injuries and died five days later.
Legal Accountability: A Rare Criminal Case
Under federal law, specifically OSHA provisions, it is a Class B misdemeanor for an employer to willfully fail to comply with safety regulations if that failure results in the death of an employee. This classification represents one of the only criminal statutes applicable in cases involving workplace safety negligence.
In this case, Fabcon was charged and convicted of such a misdemeanor—an unusual outcome in a regulatory landscape where most workplace fatalities result in civil penalties rather than criminal prosecution.
The investigation into the incident was led by the U.S. Department of Labor’s Office of Inspector General, which worked closely with federal prosecutors from the Department of Justice’s Environmental Crimes Section and the U.S. Attorney’s Office for the Southern District of Ohio.
Adam Cullman, a Senior Trial Attorney with DOJ’s Environmental Crimes Section who also served as a Special Assistant U.S. Attorney for the Southern District of Ohio, prosecuted the case.
Company Sentencing and Safety Mandates
As part of the sentence handed down in federal court, Fabcon was ordered to:
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Pay a $500,000 criminal fine, the highest monetary penalty legally available for a Class B misdemeanor,
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Serve a two-year period of court-supervised probation, and
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Implement a Safety Compliance Plan, which includes regular internal audits, third-party inspections, and employee safety training initiatives designed to prevent similar tragedies in the future.
The compliance plan will be monitored by authorities to ensure ongoing adherence to federal workplace safety standards.
A Cautionary Tale for Industry
The case stands as a stark reminder of the serious consequences of failing to follow OSHA regulations and workplace safety standards. It also signals a growing willingness among federal prosecutors to pursue criminal charges when employers are found to have acted willfully negligent—especially when those actions lead to death or severe harm.
Workplace safety advocates argue that while civil penalties can offer some level of accountability, they are often insufficient in the face of preventable tragedies. Criminal enforcement, though rare, sends a clearer message about the moral and legal responsibility companies have to protect their workers.