Suffolk County DA investigating South End trench collapse

BOSTON — Suffolk County district attorney is investigating a trench collapse in Boston, which led to the death of two workers.

Two Atlantic Drain workers killed while working 12 feet under the ground last Friday in the South End. A water line broke nearby, and the trench began to rapidly fill with water and it collapsed on the workers.

The Suffolk County District Attorney is asking questions, telling FOX25 that its "…investigation is to determine whether criminal charges are warranted.  That’s an exacting process, and one that the men’s families and the public at large should know we approach without any prejudgment as to the end result.”

The horrific tragedy has led to city councilor Michael Flaherty pushing for a change after learning a drain company was able to get a work permit, even though it was one of OSHA's severe violators with tens of thousands in unpaid fines.

“What we're learning is when people don't pay the fines or they skirt the fines there's not teeth in that,” he said.

OSHA told FOX25 that Atlantic Drain is one of their worst offenders in the state – with many past violations and thousands in unpaid fines.

Despite the problems with the federal government, Atlantic Drain had no problem getting a city work permit. Contractors only need to prove they are bonded with insurance coverage for up to $20,000. There is no review of their safety record, and that’s what Flaherty wants to be changed, in the form of an ordinance.

"OSHA has been sitting there waiting to collect on this but really hasn't notified any state or city agency saying hey this is a bad contractor,” he told FOX25.

OSHA said they post the results of their investigations online for everyone to see, saying this is the most efficient means of notice for a wide audience.

The governor said he's also looking into the issue.

"It may be that we need to do better job of communicating with our colleagues in the federal government and our colleagues in local government," Gov. Baker said.

FOX25 reached out to the owner of Atlantic Drain Wednesday about those prior safety violations and where they currently stand. The company referred to an attorney, who told FOX25 he was just hired Tuesday so he could not comment yet.

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>>>OSHA's full statement:

Information regarding employers who violate OSHA standards is available on OSHA's website is accessible to the public, including to any agency or authority that views compliance with OSHA requirements as a consideration regarding whether or not a license or permit should be granted. Currently, this is the most efficient means of notice for a wide audience. OSHA will continue outreach efforts to educate businesses, permitting officials, and local enforcement agencies about the Severe Violator Program and other initiatives designed to enhance worker safety and health.  OSHA is always willing to work with any and all entities in the effort to ensure the safety and health protections workers are entitled to.

Jeffrey Erskine, acting regional administrator, OSHA Region 1 New England

Cox Media Group