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A federal workplace safety investigation has found the operator of three Massachusetts waterproofing contracting companies could have prevented an employee from suffering fatal injuries in February 2024 when part of a foundation broke and fell on the worker in a 5-to-6-foot-deep trench beneath the foundation of a Hanson residence.

The federal Occupational Safety and Health Administration (OSHA) found the employer, Aleckssandro Tomaz Pereira of Woburn – operating as Boston Concrete Corp LLC, VMT Contractor LLC and Boston Concrete and Remodeling LLC – failed to protect the trench and the building foundation against collapse. According to OSHA, this failure exposed employees to cave-in, caught-between and structural collapse hazards.

OSHA has for two willful and six serious violations and proposed $283,115 in penalties.

The employer has 15 business days to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent OSHA review panel.

OSHA investigators said they determined the employer instructed the worker to enter the unprotected trench to prepare a foundation wall for waterproofing and dig out an area under that wall to install concrete footings.

In addition, the agency found Pereira failed to ensure the employee in the trench did not dig beneath the unsupported foundation walls’ base; train employees to recognize and avoid cave-in and structural collapse hazards; provide a safe means of exiting the trench; and prevent water from accumulating in the trench.

Topics Workers' Compensation Contractors