BOSTON — The company behind a trench collapse in the South End that killed two people has been penalized for $1.4 million following an OSHA investigation.
OSHA cited Atlantic Drain Service Co. Inc. for a total of 18 "willful, repeat, serious and other-than-serious violations" of workplace safety standards, including not guarding the trench.
“This company knew what to do and knowingly chose not to do it,” OSHA Deputy Regional Administrator for New England Jeff Erskine said.
Robert Higgins and Kelvin Mattocks died when the trench they were working in filled with water on Oct. 21, 2016.
At the beginning of February, prosecutors charged Atlantic Drain and its owner Kevin Otto with two counts of manslaughter.
"The evidence established that the defendants were well aware of this shoring requirement. As well as the grave dangers that workers would be exposed to without it. Because they'd incurred two separate OSHA violations in the past ten years for failing to follow it," Suffolk County District Attorney Dan Conley said.
OSHA said its inspection determined that Atlantic Drain and Otto, who oversaw the work on the day of the fatalities, did not:
- Install a support system to protect employees in an approximately 12-foot deep trench from a cave-in and prevent the adjacent fire hydrant from collapsing.
- Remove employees from the hazardous conditions in the trench.
- Train the workers in how to identify and address hazards associated with trenching and excavation work.
- Provide a ladder at all times so employees could exit the trench.
- Support structures next to the trench that posed overhead hazards.
- Provide employees with hardhats and eye protection.
OSHA cited Atlantic Drain trenching worksites for similar hazards in in 2007 and 2012.
“He was cited for this same thing several times in the past so those carry a higher penalty,” Erskine said. “The willful is the worst category we had and we reserve that for our worst actors. He falls into that.”
Atlantic Drain has 15 working days from the day it receives the citations to meet with OSHA’s and to contest them.