BOSTON – Federal workplace safety investigators found that a Boston waterproofing contractor exposed employees to life-threatening cave-ins and excavation hazards at residential worksites in Arlington, Massachusetts, and Warwick, Rhode Island, twice in less than three months in late 2023.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) determined that on September 10, 2023, in Arlington and December 2, 2023, in Warwick, a Boston Waterproofing & Construction Corp. supervisor recruited untrained day laborers to work in unprotected excavations. Despite employees raising safety concerns and requesting cave-in protection, the employer did not provide it. Both excavations collapsed, injuring and burying a worker at each location.
At the Arlington site, the employer made no attempt to rescue the trapped employee, confiscated the employee’s phone, and struck the trapped employee with objects to prevent them from seeking medical attention. At the Warwick site, when the trapped employee asked for emergency assistance and transport to a hospital, the employer objected. Instead of using proper medical equipment to remove the injured worker from the excavation, the employer carried them to a personal vehicle and drove them to an urgent care facility before leaving them there.
During the Warwick inspection, OSHA also found that the employer caused significant damage at the worksite but failed to address or take responsibility for it. The employer lied to and threatened the homeowner after they sought accountability for the damage.
OSHA cited Boston Waterproofing & Construction Corp. for willful and serious violations of the Occupational Safety and Health Act. These included lack of cave-in protection and training for employees, failure to have a competent person inspect excavations at both sites, and not providing access to emergency medical services at Warwick. OSHA proposed $451,694 in penalties – $225,847 for each inspection – for these violations.
“Boston Waterproofing & Construction Corp. employed an especially disturbing business model that appears deliberately designed to exploit day laborers,” said OSHA Regional Administrator Galen Blanton in Boston. “The company’s brazen actions led OSHA to issue willful citations as we seek to hold them accountable for their illegal conduct.”
The Arlington inspection was conducted by OSHA’s Andover area office while the Warwick inspection was handled by its Providence area office.
Employers have 15 business days from receipt of OSHA citations and penalties to comply or contest findings before the independent Occupational Safety and Health Review Commission. Boston Waterproofing & Construction Corp. did not respond to both sets of citations; hence they became final on April 18, 2024, and May 14, 2024 respectively.
“Under federal law, workers have the right to a safe workplace,” added Blanton. “We encourage workers to learn more about their rights under the Occupational Safety and Health Act.”
Trenching standards require protective systems in trenches deeper than five feet; soil must be kept at least two feet from trench edges; employees must be trained on trench hazards; trenches must be inspected by a competent person; be free of standing water; atmospheric hazards must be addressed; and safe entry/exit means provided before allowing worker entry.
More information about OSHA's trench safety guidelines is available online along with resources in multiple languages including Spanish, Portuguese, and Haitian Creole.
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