New York Man Pleads Guilty to Obstructing Investigation into Workplace Death

Richard Zagger, of Blue Point, New York, pleaded guilty today to a charge of conspiracy and three charges of obstruction. A sentencing hearing is scheduled for Oct. 16.

The four-count indictment alleges that Zagger was a supervisor for Northridge Construction Corporation, located in East Patchogue, Long Island, New York. On Dec. 8, 2018, Zagger was overseeing employees of Northridge Construction Corporation who were constructing a metal shed on the Northridge property. During the construction, one of the employees fell from the improperly secured shed roof and died.

The Occupational Safety and Health Administration (OSHA) investigated the employee’s death and violations of worker safety standards. Among other worker safety standards, OSHA regulations require maintaining the stability of a metal structure at all times during construction. The indictment charges that during the investigation, Zagger made false statements and conspired with others to make false statements to obstruct the federal agency’s inquiry. 

The maximum penalty for the conspiracy count and each obstruction count is five years in prison and a $250,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime.

Also, in regards to the same fatal incident, Northridge previously pleaded guilty to violating a worker safety standard causing the death of one of its employees and to making two false statements that obstructed OSHA’s investigation. The corporation is scheduled to be sentenced on Aug. 6.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division made the announcement.

The Department of Labor’s Office of the Inspector General investigated the case.

Senior Trial Attorneys Daniel Dooher and Richard J. Powers and Trial Attorney Rachel Roberts of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.