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Roslindale company to blame for its workers dying in a South End trench, feds say

Atlantic Drain Service Co. couldn't even have been bothered to provide a ladder that two workers trapped in a flooded trench in the South End might have been able to use to climb to safety instead of drowning last October, federal regulators charged today.

OSHA today announced 18 workplace-safety violations, some "willful, repeat, [and] serious," and a proposed fine of $1.48 million against Atlantic for the deaths of Robert Higgins and Kelvin Mattocks in a trench at Dartmouth and Tremont streets. Simply, they did not have to die, Galen Blanton, OSHA’s New England regional administrator, said in a statement:

The deaths of these two men could have and should have been prevented. Their employer, which previously had been cited by OSHA for the same hazardous conditions, knew what safeguards were needed to protect its employees but chose to ignore that responsibility.

The fines are not the only problems faced by the company and owner Kevin Otto. In February, a Suffolk County grand jury indicted the company and Otto for manslaughter.

Blanton added the company faced similar, if less fatal, trench investigations in 2007 and 2012.

Among the OSHA findings of the deaths at Dartmouth and Tremont streets: Otto and his company failed to "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," did not train workers in how to identify and deal with trenching hazards and didn't even provide the men with a ladder.

Also, OSHA said, Atlantic failed to give the men hardhats and eyeware, but did build support structures next to the trench that posed hazards of their own, OSHA said.

OSHA report (16M PDF).

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Comments

Greed. The new American status quo.

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Read your history. Abuses like this and worse were what led to the labor movement. For just one example, read about the Triangle Shirt Factory fire.

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nothing new about it. Greed has always been a part of the bedrock of America.

Read about Boss Tweed and the fun filled days of when he ruled New York City.

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Now there was some world class hardball. Move into an area, sell for a loss until the other guy was broke, then buy his stuff at auction...

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"Greed. The new American status quo."

Or maybe criminally stupid incompetence.

This guy has been cited before. The OSHA report cited has numerous repeat violations. They involve lack of helmets and eye protection. These are things that are basic safety 101. The Comm of Mass Dept of Labor Standards sets the rules for stuff like this, most of what they have is piggybacked on the Federal standards. Where they differ, in Mass, you got to play by Mass rules because of waivers granted by the Feds. Most of these waivers (that I have seen) are about reporting and record keeping.

This guy could have easily cleaned up his act. a 12 foot trench requires shoring, period. The rule is anything over five feet, I think. He's been cited for ladder violations before. That's a no-brainer. Helmets. Really? Helmets?

I dunno. Maybe they were afraid to report him because they would lose their job for being a whistleblower.

OSHA has filed two whistleblower lawsuits already:

"The first two safety whistle-blower lawsuits filed by OSHA under the Trump administration are in the books. And in both cases, the Occupational Safety and Health Administration is suing two employers for allegedly firing workers after filing safety complaints with the agency. The Occupational Safety and Health Act’s Section 11(c) makes it illegal to dismiss workers for raising safety concerns with supervisors or OSHA. "
(https://www.bna.com/trump-osha-files-n57982084018/#!)

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Despicable

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This is the first time it has really hit me that these guys were literally thrown in a hole and then their ladder was taken away. Not just inadequate, but actually pulled out of the hole. Those guys never had a chance.

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for insufficient laddering. Amazing.

EDIT: I don't know that it was pulled out of the trench.. It might have been too short and hidden by the water. The standard is three feet above the top of the trench.

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I know there is horror at the thought of local and state police helping the feds but it would be nice if police officers were given basic training in what risks to look for at job sites. After all, it is the detail officer at the job site or the local patrolman or trooper who is on patrol nearby who has the best vantage point. Despite an ever lengthy academy, to my knowledge there is no training in workplace safety issues for our police. I'm not sure it would have made a difference in this case but would be helpful in the future.

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Alternately, if the police offers doing flag duty aren't actually offering any real value or special expertise over a non-police flagger, maybe get rid of the practice? Let's pay cops to be cops and let's not build police extra pay into our infrastructure maintenance and construction costs.

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They could easily take an OSHA 10 (or longer) coursework. Make one requirement to be a detail officer be that they are OSHA certified. It's a standard requirement by some construction firms and owners that anyone on the jobsite have OSHA 10 training at a minimum.

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Seems like the detail cops are usually pretty chummy with the guys doing the digging (which is usually not a bad thing.) Still, if the detail cop started making safety "suggestions" like, "Hey can you put a ladder in that trench in case it floods" I would think the workers might get a little upset. And from the officer's standpoint, it's not really his job to micromanage the worksite. Should he call OSHA every time someone does something unsafe? Hard to tell if adding that role would be good or not.

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The police detail / flagman issue can be debated but for now the police are usually the only government officials on site. I would argue that for the comparable price but incomparable authority, we're better off with police.

OSHA 10 should be required in the police academy, especially with some of the mundane "filler" that is being taught that rarely if ever applies to police work. Many older officers working now graduated a 16 week academy or less. I believe it's now close to 30 weeks with little difference in quality of officer.

I agree that officers can get chummy with the workers (I was invited to cookouts, weddings etc.) but if an officer is trained in OSHA 10 and sees men in an unshored trench, without a ladder or other risky situations, I'd expect them to say, stop. It certainly couldn't hurt to train PD in basic OSHA laws. That isn't happening now.

Throw the word "shall" into the law and you'll see lives saved. Husbands used to be able to beat their wives (and vice versa) until the words "police shall arrest" were placed into the domestic violence law. If police "shall" notify OSHA of unsafe conditions, those unsafe conditions would be greatly reduced.

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Ya, easy violations like, 'hey no shoring in a twelve foot trench' is easy, but the OSHA report also cited for improperly guarded grinders. When someone cuts off a finger, will they pick it up off the ground and point it at the deepest of pockets, a government employee?
You know it would be only a matter of time. Do we really want a situation where a detail cop has to have a construction supervisor's license just to work a paid detail?

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Managers\owners maybe, but as far as safety goes the guys in the hole would be more open to it.

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Drumpf has plans to completely gut and destroy OSHA.

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I walk by detail cops everyday. They are usually tapping their phone or chatting with people. When they could put the graft pay to actual use in directing traffic when vehicles are severely backed up, or dealing with other obvious quality of life situations (boom boom cars audible a block away,) they instead continue to do their usual $50/hour job of do nothing work.

Even when detail cops have an opportunity to actually act as a flag person I've seen them standing around acting self-important while a construction worker does the actual work of directing traffic around a construction site.

Training cops to watch out for safety hazards will most likely result in nothing. Why would they do anything with training if they refuse to enforce laws which they're already trained to enforce?

What might work is if an employee would feel safe complaining about the unsafe conditions of a workplace. But government agencies meant to protect people have been cut down so far that they often can not respond with enough speed. If either of these guys had gone to a local OSHA office would there have been a fast enough response?

Presumably these fellows did not realize the risks and so did not demand any safety equipment such as a ladder. It is nevertheless the responsibility of anyone to look around and focus on safety. When working with power saws and the like how many people refuse to wear safety glasses? The number of bikers who refuse to wear helmets. All situations where individual's refuse to act upon their own responsibility to care for themselves.

But that means not only regulations but funding government agencies with enough money to do their jobs well. When lower taxes are the daily mantra of politicians who win office, and whose best friends are the wealthy and powerful, situations such as this or the man who was violently dragged off a United jet may wind up being more and more frequent.

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"What might work is if an employee would feel safe complaining about the unsafe conditions of a workplace. But government agencies meant to protect people have been cut down so far that they often can not respond with enough speed. If either of these guys had gone to a local OSHA office would there have been a fast enough response?"

Regardless of swirl's keyboard drippings, OSHA is doing just fine and will continue to do so.

From my comment further up:
"OSHA has filed two whistleblower lawsuits already:

"The first two safety whistle-blower lawsuits filed by OSHA under the Trump administration are in the books. And in both cases, the Occupational Safety and Health Administration is suing two employers for allegedly firing workers after filing safety complaints with the agency. The Occupational Safety and Health Act’s Section 11(c) makes it illegal to dismiss workers for raising safety concerns with supervisors or OSHA. "
(www.bna.com)

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or at least manslaughter, which, unfortunately, would result in doing short time upon conviction.

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Is Mr. Otto going to jail?

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I would be surprised if he sees any jail time.

And he should.

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Cruelty and abuse, if you ask me. Terrible. You would think providing ladders to be lowered down the trench would be mandatory, industry standard to save human lives should they need to climb out in an emergency.

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I cannot fathom it. My only thought is they had a ladder that was too short to reach above the top of the trench.

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