Sentencing is under way in Trenton. PHOTO: SHUTTERSTOCK

Judge Mary L Cooper is sentencing four former managers of a ductile iron pipe plant and the owner of the Phillipsburg, New Jersey facility for workplace safety and environmental violations, and a labour organisation is using the convictions to promote a change in federal law.

During a seven-month jury trial in 2006 in US District Court in Trenton, prosecutors said that management concealed facts from the US Occupational Safety and Health Administration (OSHA) about a March 24, 2000 forklift fatality involving foundry worker Alfred Coxe, 47, and that management instructed another injured worker to falsely inform OSHA that he did not break his leg in an April 27, 1999 forklift accident.

Other accusations included violating permit requirements, discharging polluted material into a river, impeding federal investigations and making false statements.

The judge sentenced former plant manager John Prisque to 71 months in a federal prison on 20 April and another manager, Scott Faubert, to 41 months on 21 April. Jeffrey Maury was to be sentenced 22 April, Craig Davidson on 23 April and Atlantic States Cast Iron Pipe Co on 24 April.

Privately owned parent firm McWane Inc is based in Birmingham, Alabama.

In a related matter, the labour union partnership Change to Win wants the US Congress to make fundamental changes in the US Occupational Safety and Health Act and make employers more accountable for lapses.

Eric Frumin, the partnership's health and safety coordinator, cites the Atlantic States case as an example and encourages legislators to strengthen the current law, initially enacted in 1970.

Seven unions formed Change to Win in 2005. Now, the partnership unions represent six million workers.