Construction Company Owner Faces Conviction For Lying About Work-Related Injuries

Bernardsville, NJ (Workerscompensation.com)-A good employer should ensure the safety of their workers, and if something was to happen should never cover up the fact that one of their workers were involved in a work-related injury. Unfortunately, Robert Riley 42, of Far Hills and owner of RSR Home Construction in Bernardsville failed at both of these responsibilities. 

Riley became the subject of an OSHA investigation in 2018 after two work-related incidents on the same job in which workers fell from a roof and were critically injured.

According to U.S. Attorney Craig Carpenito, Riley lied during a hearing before OSHA and was subsequently charged with one count of perjury. 

Last May at one of Hill’s work sites located at 292 West Mill Road in New Jersey, an inspection was carried out by an authorized representative. This safety inspection came one day after a worker had fallen 25 feet through a skylight while performing roofing repairs without any fall protection in place and was seriously injured. On this project, Riley was the general contractor.

During the assessment, OSHA issued several safety violations to RDR Construction for failing to follow OSHA’s fall protection standards. According to court documents acquired by WorkersCompensation.com, the construction company was penalized for not protecting its employees from falling through holes (including skylights) more than 6 feet above lower levels by personal fall arrest systems, covers, or guardrail systems that should be erected around such holes.

The employees had been ordered by Riley to do repairs on the roof at a Morris County horse stable.  Riley was also penalized for failing to supply his workers with proper equipment as well as adequate training. The same incident happened again on or around July 12, 2018. In an OSHA deposition, Riley testified that he never authorized any of his employees to perform roof repairs at the stable.

However, according to the criminal complaint, there were text messages that Riley had sent. One stated “Ok. ... They can get on the roof now" to one of his workers. The complaint also verifies that Riley sent a text saying, “I would like to start removing the broken skylight. We have to replace it. Let's see how to remove it,”, which was the same day that the second worker had fallen through a skylight and suffered significant injuries.

When OSHA asked Riley if he had known about the second worker on the roof of the stable, he told them no.

In a statement to Workerscompensation.com, an OSHA spokesperson told us

“Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States.”

If Riley is convicted, he could see up to five years in prison — the maximum potential penalty for lying under oath, as well as a $250,000 fine.

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