OSHA Cites Roofing Contractor for Worker Death

The Occupational Safety and Health Administration has cited a Wisconsin-based roofing contractor for safety violations stemming from the death of a worker.

Newly released documents found roofing contractor A. Martins & Sons Construction to be responsible for the death of Davide Nascimento in Longmeadow, which occurred earlier this year back in July. According to OSHA, Nascimento's death was preventable but A. Martins & Sons Construction failed to implement the appropriate measures and safeguards to protect him and other workers from such injury.

Nascimento was reportedly repairing a sewer pipe when he become trapped in a dug-in trench that began to fill with water. A portion of the road near the excavation site had collapse, causing the trench in which Nascimento was working to fill with water. The 26-year-old worker died on the scene.

So, what could A. Martins & Sons have done differently? OSHA cited the roofing contractor for failure to inspect the excavation before sending workers to it. If A. Martins & Sons had properly inspected the site, it would have a noticed a water line. This water line was responsible for flooding the trench in which Nascimento was working. A. Martins & Sons is facing a maximum penalty of $14,000 -- two $7,000 fines. It has 15 days from the issuance of this citation to take action.

Each citation carries a potential fine of $7,000, which is maximum penalty for a serious violation. The total amount is $14,000 for both citations and A. Martin & Sons has 15 business days to act, according to the citation issued Nov. 3.

"Many people have told Affordable Exteriors to use fall protection — OSHA, Minnesota OSHA and the job-site contractor,” Robert Bonack, OSHA’s area director in Appleton, Wisconsin, said in a statement. “The company ignored them all. That’s a reckless disregard for safety. Falls are the leading cause of death in the construction injury. Three Wisconsin workers died last year from job-site falls.”

Unfortunately, trench collapses such as this are an all-too-common occurrence. We posted a video earlier this year involving a worker who narrowly escaped a collapsing trench. OSHA has strict rules regarding the excavation and use of trenches, and it's important that employers abide by these rules to maintain a safe working environment for all of their employees.