Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website
A recent investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has revealed that safety failures by a Massachusetts waterproofing contractor led to the death of an employee in February 2024. The incident occurred when part of a foundation collapsed, crushing the worker in a trench at a residence in Hanson.
The employer involved, Aleckssandro Tomaz Pereira from Woburn, operates three companies: Boston Concrete Corp LLC, VMT Contractor LLC, and Boston Concrete and Remodeling LLC. OSHA found that Pereira failed to protect his employees from hazards such as cave-ins and structural collapses while working on site.
According to OSHA investigators, Pereira instructed the worker to enter an unprotected trench to prepare a foundation wall for waterproofing and dig out an area under the wall for concrete footings installation. “Aleckssandro Tomaz Pereira should never have placed workers in this trench until the excavation and the building’s foundation were guarded against collapse, workers were properly trained, water was removed from the trench and an exit ladder was provided,” said James Mulligan, OSHA Area Director in Braintree, Massachusetts. “This tragedy was entirely preventable.”
Further findings highlighted additional lapses by Pereira including:
- Failing to ensure that employees did not dig beneath unsupported foundation walls.
- Not providing adequate training for employees to recognize cave-in risks.
- Lack of training on operating excavators safely.
- Absence of safe exit routes from trenches.
- Allowing water accumulation within the trench.
As a result of these violations, OSHA has cited Pereira with two willful and six serious violations along with proposed penalties amounting to $283,115.
Pereira has been given 15 business days upon receipt of citations to comply with them or seek an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.
For further information about OSHA regulations concerning trench safety and related hazards, resources are available including safety videos.