Massachusetts Academy of Trial Attorneys
AVVO Rating 10.0 - Top Attorney
Avvo Clients' Choice Award 2022
Avvo Reviews
Massachusetts Bar Association
Boston Bar Association

Tragic Workplace Deaths Highlight the Need for Massachusetts Employers to Comply With Established Health and Safety Regulations

Employers in Massachusetts and throughout the United States are required to protect excavation workers who dig five feet or more from sidewall collapses. Safety measures may include sloping soil at a shallow angle, shoring trench walls, or using a trench box designed to protect excavation workers. According to the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”), an East Coast business willfully failed to follow mandatory trenching and excavation safety guidelines with tragic results. Sadly, two men were killed when a trench collapsed.

Following an investigation into the trench cave-in death of two employees, OSHA issued one willful and nine serious violations to the landscape, excavation, and snow removal business that employed them. In general, a willful violation occurs when an employer voluntarily or knowingly disregards federal health and safety laws designed to protect workers. A serious violation results when an employer knew or should have known about a hazard that is substantially likely to cause an employee to suffer serious physical harm or death.

OSHA investigators found that the workers were installing a French drain in a trench that was between nine and 13 feet deep without adequate cave-in protections. Other health and safety violations at the job site included failing to properly inspect the trench or provide the deceased workers with a sufficient number of safety ladders in order to escape in an emergency. In addition, the company is accused of failing to provide workers with adequate training or head protection. The business also allegedly did not sufficiently mark where dangerous utility lines were located. As a result, OSHA issued about $77,000 in proposed fines to the employer. After receiving an OSHA citation, a company typically has 15 business days to contest the findings.

OSHA was established by the Occupational Safety and Health Act of 1970 in order to reduce preventable worker injuries and fatalities. When a severe on-the-job accident occurs, OSHA will normally investigate whether an employer complied with recognized safety standards at the job site. In 2013, 4,405 workplace fatalities were reported to the U.S. Bureau of Labor Statistics. Sadly, 55 of those deaths occurred in the Commonwealth of Massachusetts. If you lost someone you love as a result of an accident at work, you should discuss your rights with a hardworking attorney.

If you were hurt or a family member was killed in a Boston workplace accident, the dedicated workers’ compensation lawyers at Kantrovitz & Associates, P.C. are here to help you recover the benefits you may be entitled to. To discuss your rights under the Massachusetts workers’ compensation law in greater detail, do not hesitate to contact Kantrovitz & Associates, P.C. through our website or give us a call today at 800-367-0871.

Additional Resources:

Lack of cave-in protections led to trench collapse, Bednar Landscape workers’ deaths in Boonton, OSHA Regional News Release dated April 1, 2015

Client Reviews
★★★★★
Steve is very knowledgeable and is able to answer any questions you might have, explaining it in language you can understand. He is very empathetic and listens to you. Mary
★★★★★
I just wanted to thank Steve for all he did for me. He stayed in touch, he was VERY prepared, he explained every step to me clearly, and he made me feel comfortable. He is a really down to earth guy, who CARES about the people he represents. I can’t say recommend him enough. Please feel free to use this as a testimonial. Joanne M
★★★★★
Steve, I just wanted to thank you again for all your hard work and effort on my behalf. You really made a stressful situation bearable and I never felt like you weren’t right on top of things, which I very much appreciate. You are a good man my friend and for that I thank you. Bobby