Indictment: Blue Point man obstructed probe into fatal construction accident
A Blue Point man was indicted Wednesday by a federal grand jury on allegations he obstructed an investigation into a fatal construction accident in East Patchogue nearly five years ago.
Richard Zagger, 58, was charged in a four-count indictment with conspiracy and obstruction of official proceedings, federal officials said.
He faces up to 5 years in prison and a $250,000 fine, according to the U.S. Department of Justice.
Anthony La Pinta, Zagger's Hauppauge-based defense attorney, said "we've been aware of this investigation for the past year and will enter a plea of not guilty at his arraignment."
On Dec. 8, 2018, Zagger, then a supervisor for Northridge Construction Corporation, was overseeing employees' construction of roof panels on a metal shed at the company's East Patchogue headquarters when one of the workers fell and died after suffering a serious head injury, officials said.
The Occupational Safety and Health Administration investigated the employee’s death and cited Northridge for "willful and serious violations" of workplace safety standards, fining the company nearly $225,000.
OSHA inspectors determined the company failed to provide fall protection or protective helmets, did not ensure the structural integrity of the roof and misused a ladder.
The indictment alleges that during the investigation Zagger made false statements and conspired with others to obstruct OSHA's inquiry.
Northridge Construction contested the citations and penalties. Federal records show the case remains open.
It was not immediately clear if the fine had been paid.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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