Massachusetts Workers Compensation Lawyers Blog

Two years ago, the world watched, riveted by the rescue of 33 Chilean miners, trapped deep in the earth's bowels for months after the mine they were working in collapsed.

At the time, some in the U.S. may have expected that regulations in the U.S. would help prevent such a workplace cave-in accident from unfolding here, either in Boston or elsewhere.

However, two recent cases in neighboring states illustrate that is not an assumption Massachusetts workers can afford to make.

The first case is reported out of New Hampshire, where an Ashland employer is facing more than $51,000 in fines for a host of safety violations, namely involving cave-in risks for crews installing pipe at an affordable housing project. The second case involves a Hartford, Conn. construction company that is looking at almost $170,000 in penalties for cave-in risks to workers installing a sewer line along the roadway.

Overseeing both investigations is the U.S. Occupational Safety and Health Administration.

In the New Hampshire case, an OSHA inspector observed employees with Hiltz construction Inc. laying water pipes at the Harriman Hills Affordable Housing project, just off Route 109. The problem was the workers were seen toiling in an unprotected trench that was more than 7 feet deep. According to federal guidelines, all excavations or trenches that are deeper than 5 feet have to be guarded against potential collapse of the sidewalls.

Rosemarie Ohar, the agency's New Hampshire area director, was quoted as saying that an unguarded trench can collapse in mere seconds. This can result in crushing or burying workers underneath more than a ton of soil or debris before they can react or even attempt to escape. She said the potential for injuries was great because the placement of soil at the trench's edge mean that it could have easily rolled onto the workers, who also didn't have access to a ladder or any other way of quickly getting out.

Further, OSHA inspectors said the workers weren't trained on how to recognize that they were in danger, and the trench wasn't inspected prior to the work beginning.

OSHA has issued the following citations for Hiltz:

1. One citation for an unguarded trench - $35,000.
2. Four citations for the remaining trench hazards - $15,600 each.
3. One citation for uncertified illness or injury summaries - $660.

The second case, out of Connecticut, involved the Penney Construction Co. LLC, which OSHA found placed workers in the path of serious injury by failing to enact proper trench protection. Not only that, but an unsupported sidewalk and catch basin were overhanging the trench, posing even greater risk to workers.

What's worse, OSHA says the company continued to send workers into that trench, even after they had been warned of the dangers by safety officials.

Paul Mangiafico, OSHA's area director there, said Penney repeatedly put its workers at risk, saying they could have been crushed or buried alive in a matter of seconds.

Our Boston workers' compensation attorneys believe that all employees deserve to have employers who are diligent about protecting their safety.