Having an OSHA investigation on your jobsite that results in fines is bad enough, but don’t be tempted to compound the issue by misleading OSHA investigators. That can leave you in a legal bind personally.
OSHA exists to protect the health and wellness of America’s workforce and, typically, the employer bears the brunt of any penalties. However, there have been several glaring examples of individuals facing legal issues for a variety of different reasons, including lying to OSHA investigators.
You may not realize that an OSHA investigation carried out in a state under the Federal OSHA plan is considered a federal investigation and misleading investigators can result in a perjury charge if proven untrue.
In New Jersey, the owner of a residential home construction company plead guilty to lying under oath during an investigation and was sentenced to two years of probation and a $5,500 fine. According to OSHA, the company was under investigation after two of their employees fell through an unguarded skylight while making roof repairs on two separate incidents. The owner told investigators that he never authorized the workers to perform that work, but that was later proven to be false after text messages were discovered from the owner to the employees.
The company was also fined $50,000 for one willful and three serious violations for the incidents that occurred in 2018.
“We commend our federal partners for their cooperation in the prosecution of this case,” said OSHA Regional Administrator Richard Mendelson, in New York. “Employers must understand that misleading a federal investigator is a serious mistake. We remind all employers that they have a responsibility to provide fall protection and other necessary precautions to ensure a safe and healthful workplace.”
This isn’t the first time that an individual has plead guilty to making false statements during an OSHA investigation. In 2015, a crew supervisor for a roofing contractor told OSHA that he had obtained fall protection equipment for his crew prior to an incident that seriously injured 3 workers after a fall from 30 feet. The man also claimed that the employees had been tied off at the time. The investigation proved that the fall protection equipment was actually purchased after the incident occurred and the man was sentenced to 3 years of supervised probation and 30 hours of community service on top of the OSHA fines for his company.
Full story: New Jersey Company Owner Pleads Guilty to Perjury After Lying During U.S. Department of Labor Investigation of Roof Workers’ Injuries | OSHA
Shane is the creator of Construction Junkie and an active construction project manager. In his career, he has managed interior remodel projects, site development, construction safety, governmental project compliance, and facility maintenance. He has a strong passion for construction technology and safety, as well as sharing the knowledge or insights he has gained throughout his career.