Leah B. Foley United States Attorney for the District of Massachusetts | Department of Justice
John Oliveira & Sons Stamp Concrete, Inc., based in East Freetown, Massachusetts, has been charged with willfully violating Occupational Safety and Health Administration (OSHA) safety standards after an incident in 2023 resulted in the death of a worker. The company has agreed to plead guilty.
Court documents state that the company operated a large soil screener for processing soil and similar materials. This machine was about 46 feet long, 13 feet high, and weighed nearly 36,000 pounds. Its tail conveyor could be positioned vertically or at a 45-degree angle and weighed approximately 1,500 pounds. It is alleged that the tail conveyor had closed unexpectedly on several occasions in 2022 or 2023 due to issues including a ruptured hydraulic pressure line.
On September 6, 2023, an employee was working with a co-owner on the tail conveyor while it was open. There were no devices installed to prevent the tail conveyor from closing during this time. As the employee attempted to remove a bolt, the conveyor closed without warning. The employee tried to hold onto the frame but was crushed as it closed into its vertical position. The individual suffered fatal head injuries and died shortly thereafter.
If convicted of willfully violating OSHA standards, John Oliveira & Sons Stamp Concrete could face up to five years of probation, fines reaching $500,000, and restitution payments to the deceased worker’s estate. Sentencing decisions are made by a federal judge according to statutory guidelines.
United States Attorney Leah B. Foley stated: “The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”
The announcement was made by U.S. Attorney Leah B. Foley along with Kelly M. Lawson from the U.S. Department of Labor Employee Benefits Security Administration Boston Regional Office and Jeff Erskine from OSHA’s Boston Region office. Assistant U.S. Attorney William F. Abely is prosecuting the case.
