May 4, 2020

New Jersey Company Owner Pleads Guilty to Perjury After Lying
During U.S. Department of Labor Investigation of Roof Workers’ Injuries

NEWARK, NJ – After an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), the owner of a Somerset County, New Jersey, construction company has pleaded guilty to one count of felony perjury brought by the U.S. Attorney for the District of New Jersey.

In exchange for the guilty plea, the U.S. District Court for the District of New Jersey sentenced Robert Riley of Far Hills, New Jersey – owner of RSR Home Construction LLC – to two years of probation and fined him $5,500 for lying under oath during an investigation that began in May 2018.

OSHA initiated the investigation after – in two separate incidents – two RSR Home Construction employees suffered serious injuries after falling through an unguarded skylight while making roof repairs. In administrative proceedings before the Occupational Safety and Health Review Commission, the company agreed to affirm citations and a $50,000 penalty for one willful and three serious violations for lack of fall protection and other safety deficiencies.

In a sworn deposition taken during OSHA’s investigation, Riley testified under oath that he never instructed or authorized anyone to perform work on the roofs. However, Riley’s text messages to construction workers revealed he directed a worker to begin repairs on the roof of the barn structure where the injuries occurred.

“Our collaboration with U.S. Attorney Craig Carpenito of the U.S. Attorney’s Office for the District of New Jersey helped to hold Robert Riley legally accountable for giving false information in a federal investigation,” said Regional Solicitor of Labor Jeffrey S. Rogoff, in New York, New York. “This successful outcome shows that the U.S. Department of Labor will use all appropriate and available legal tools to ensure that employers abide by the law.”

“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.”

The U.S. Attorney’s Office for the District of New Jersey prosecuted the case, with assistance from OSHA’s Area Office in Parsippany, New Jersey, and the department’s Office of Inspector General and the New York Regional Office of the Solicitor of Labor, which also litigated the administrative citation case before the Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

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Media Contacts:

Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov
Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov

Release Number: 20-710-NEW (OSHA 20-22 RSR Home Construction LLC)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The Department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the Department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).