Manchester Company Fined $375,000 For Fatal Trench Collapse In Vernon

VERNON, CT — A federal agency has fined a Manchester-based contractor more than $375,000 in connection with a fatal trench collapse at a Vernon work site over the summer.

The contractor failed to provide "legally required safeguards and make sure they were in place to prevent trench collapses" and the failure contributed to the July 22 death of an employee who was buried when an 8-foot-deep trench caved in, federal officials said. Investigators with the U.S. Department of Labor's Occupational Safety and Health Administration determined that Botticello Inc. exposed the worker to "deadly hazards" as he connected drainage piping at a residential development construction site in Vernon. Police records show it was a new housing development off Bolton Branch Road. The worker was a man in his 50s, according t0 police records.

OSHA officials said that previously — in November 2015 — inspectors identified four "serious violations" related to trenching work by Botticello at a Stafford worksite, a factor that contributed to the hefty fine.

"This deadly cave-in and the worker's death should never have happened," said OSHA's Dale Varney, the area director in Hartford. "After a previous OSHA inspection, Botticello Inc. knew of the dangers of working in an unprotected trench and the need to inspect the trench and ensure required effective cave-in protection was in place before any employee entered the trench. The company, however, still chose to ignore these required safeguards and now a worker's family, friends and co-workers are left to grieve."

Calls were placed to Botticello but no one at the company could be reached for immediate comment.

Specifically, OSHA found that Botticello Inc. failed to:

• Provide the trench with a protective system to prevent it from collapsing and caving in on workers
• Have a competent person conduct inspections before and during the work to identify and correct any hazardous conditions before employees entered the trench
• Ensure the 135-foot-long trench contained sufficient means of egress to allow employees to safely exit

As a result "of the violations and the employer's prior knowledge," OSHA cited Botticello Inc. for three "willful" violations and proposed $375,021 in penalties.

View the citations here.

Federal trenching safety standards require protective systems for trenches deeper than 5 feet, and that soil and other materials be kept at least 2 feet from the trench's edge. Trenches must also be inspected by a "knowledgeable person, be free of standing water and atmospheric hazards and have a safe means of entry and exit before a worker may enter," officials said.

"By most estimates, one cubic yard of soil can weigh as much as 3,000 pounds – about the weight of a subcompact car – and trench collapses happen in seconds, which helps explain why they are among the construction industry's most fatal hazards," Varney said. "OSHA has a National Emphasis Program in place to alert employers and workers of the dangers, and to hold violators accountable. We encourage anyone who sees workers in an unsafe trench to help us save lives by reporting the hazardous situation to OSHA."

According to OSHA, Botticello Inc. provides construction contracting services including site work, rock crushing, stump grinding and demolition. The company has 15 business days from receipt of citation and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

At 4:14 p.m., on July 22, the Vernon Police Department and the Vernon Fire Department responded to a trench collapse in a new housing development off Bolton Branch Road, according to an incident report.

A construction worker had become trapped inside a trench when dirt collapsed on him, police said. Emergency personnel and construction workers were able to free the man from the trench and provide medical aid, and he was transported to Manchester Memorial Hospital by ambulance, where he later died due to his injuries, police said.

Vernon Police Department detectives, along with investigators from OSHA, remained at the scene to investigate. Vernon police declined c comment on the OSHA fine, citing their own ongoing investigation.