March 6, 2020
Former Equipment Manager and Company Sentenced for Making a False Statement to OSHA
On March 6, 2020, the U.S. District Court for the District of Connecticut sentenced McClain and Co. Inc. (McClain) to 3 years’ probation, a $10,000 fine, and a $50 special assessment. In addition, the court sentenced Kevin Mix, a former equipment supervisor at McClain, to a $5,000 fine and a $10 special assessment. On January 27, 2020, both Mix and McClain pleaded guilty to making a false statement to the Occupational Safety and Health Administration. The report falsely stated that an under-bridge inspection (UBI) vehicle involved in a workplace fatality had been examined by a third party three times between 2013 and 2015 and that the third-party inspection met specific standards.
McClain provides UBI vehicles and operators to various State departments of transportation and bridge inspection engineering firms under Federal aid contracts, including multiple contracts with the Connecticut Department of Transportation (ConnDOT). Mix was responsible for the inspection and maintenance of McClain’s commercial motor vehicle fleet, including its UBI vehicles.
DOT-OIG and the Department of Labor OIG conducted the investigation.