The US Department of Justice (DOJ) announced the sentencing of a construction supervisor who obstructed an Occupational Safety and Health Administration (OSHA) investigation. Employees working under the supervisor had not properly secured the roof of a shed they were constructing; one of the employees fell from the roof and died.
During OSHA's investigation, the supervisor "made false statements and conspired with others to make false statements to obstruct OSHA's investigation of the accident."
Obstruction and Conspiracy
By making false statements and conspiring with others to tell a fabricated story, the supervisor faced greater criminal risk than for merely overseeing an unsafe workplace that had a fatality.
After pleading guilty to conspiracy and obstruction of an official proceeding, the supervisor received a sentence of one year in prison and two years of supervised release.
The cover-up also damaged the company, which had earlier pleaded guilty "for violating a worker safety standard causing the death of an employee and making false statements during the subsequent investigation." It received a $100,000 fine and must conduct additional training with enhanced OSHA reporting requirements during a five-year probation.
Engage Competent Legal Counsel
Some companies and managers fail to appreciate that their conduct after an employee's death can significantly contribute to the potential adverse consequences.
All workplace fatalities trigger OSHA investigations. Companies should engage competent legal counsel as soon after a fatality as possible, to ensure the company and its managers appreciate the consequences of obstructing OSHA's investigation.
To see DOJ's press release Office of Public Affairs | New York Construction Company Supervisor Sentenced for Attempting to Cover Up Role in Fatal Long Island Construction Incident | United States Department of Justice
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