HR Manager In Charge Of Safety Sentenced To Prison

Lying to investigators was worse than the actual crimes. For example, jurors found that the company and four workers had conspired to cover up the fact that the forklift had faulty brakes.

By, Robert Box

The 3rd U.S. Circuit Court of Appeals upheld the 41-month prison sentence of an HR Manager in charge of safety for Atlantic States Cast Iron Pipe Company several years ago, in what may be seen as the beginning of an increasing trend of prison sentences issued to management officials who disregard safety obligations.

At Atlantic States Cast Iron Pipe Company, the Human Resources Manager in charge of safety, Scott Faubert, was convicted of conspiring to obstruct federal investigators and related counts and sentenced to nearly 3 ½ years in prison.

Also convicted were the former plant manager (70 months in prison), the former maintenance supervisor (30 months in prison), and a former plant supervisor (6 months in prison).

The company was placed on four years of probation, and was ordered to pay an $8 million fine.

The safety violations were significant:

• A worker was crushed to death by a forklift;
• A different worker was hit by a forklift and suffered a broken leg;
• A worker lost his eye when a piece of rotating blade from the saw he was using broke off and struck him in the face; and
• A worker lost three fingers in an incident involving a cement mixer.

The heavy penalties and prison sentences, oddly enough, were not a result of the safety violations themselves, but rather the conspiracy to cover up the infractions.

Lying to investigators was worse than the actual crimes. For example, jurors found that the company and four workers had conspired to cover up the fact that the forklift had faulty brakes.

A Sign of Things To Come?

An increasing trend of cases referred to the Department of Justice for possible criminal sanctions may make the Atlantic States Cast Iron Pipe Company prison sentences more mainstream in the years to come.

Eric Conn, of Conn Maciel Carey, a Washington, D.C.-based law firm focused on labor & employment,Occupational Safety and Health Administration (OSHA), and litigation, reports he has been told off-the-record from several OSHA lawyer representatives that OSHA is currently making a criminal referral in every case involving an employee fatality and willful violation.

Epstein, Becker & Green, P.C., a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes, says, “Regardless whether that is in fact happening, in the past few years, we have certainly seen a rise in the instances of charges being brought and/or significant plea deals being negotiated.” 

Safety First Consulting is a contributor of SM Corridor News and helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results. In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections. You can read more from Robert Box under Business.