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Date: 11/24/2015
SPRINGFIELD – The U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) recently released its findings that held A. Martins & Sons Construction responsible for the July 31 death of Davide Nascimento in Longmeadow.
OSHA stated in its findings that the 28-year-old construction worker's death was preventable and cited the Ludlow-based company with two serious violations.
Nascimento was working on a sewer line in an excavated area on Hazardville Road in Longmeadow when he became trapped in a trench that flooded with water after a portion of the roadway above the excavation area collapsed, breaking a six-inch water main pipe. Nascimento, who had a wife and two young children, drowned.
OSHA cited A. Martins & Sons with not protecting the water line against damage and failing to inspect the excavation for evidence that could result in a cave-in.
A press release from OSHA’s Springfield office states that damage from the previous night’s rainstorm weakened the excavation walls.
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.
A. Martins & Sons has three options – discuss the citation with OSHA, which may lead to changes in the penalty amount or due date, pay the fines or contest the citation.
OSHA’s Area Director in Springfield Mary Hoye told Reminder Publications the company has contacted OSHA and the two parties have met during an informal conference.
“They are considering their options at this point,” she said.
Hoye said employees also play a critical role in protecting themselves and their co-workers.
“They need to know the hazards of performing trenching and excavation operations and understand how they will be protected from those dangers,” she stated in a press release. “While no enforcement action will bring Mr. Nascimento back to his widow, children, friends and colleagues, employers can prevent needless worker deaths and injuries by adhering to fundamental, common-sense and legally required safeguards in every trench and excavation.”
Hoye said one way to prevent a cave-in is to open up a trench wide in order to make the wall straight.
“If someone is doing trenching operations and the trench is more than five feet deep and employees are going in the trench, we require them to provide shoring protection,” she added. “That was not something that we cited this company for, but that is one of the ways you can prevent a cave-in.”
Longmeadow Town Manager Stephen Crane said A. Martins & Sons was cleared to return to work on Hazardville Road by the Massachusetts Division of Industrial Accidents and OSHA following the incident.
“Martins completed the work as well as another sewer line job on Knollwood Circle that was part of the original contract that included the Hazardville job,” he added. “All of the work was completed without further incident, which is consistent with the otherwise clean safety record that Martins had prior to the unfortunate accident. This was months before the findings of the investigation were known.
“Also, prior to this week’s findings, Martins was the accepted low bidder on a sewer project on Longmeadow Street,” he continued. “I have checked with the local OSHA inspector and there are no restrictions on Martins continuing to work.”
Crane noted that under the town’s construction contracts, the contractor is responsible for following safety protocols and the town does not dictate the means and methods of construction.
“Trench safety has and continues to be a priority for town employees,” he added. “We have learned important lessons from this experience and are exploring ways to make town projects safer.”
Less than a week after Nascimento’s death, a GoFundMe campaign raised more than $43,000 to support his family. As of Nov. 20, that fundraiser has raised $62,082 of its $75,000 goal.
For more information or to donate to the GoFundMe page visit www.gofundme.com/4v8gqx24c.
Antonio Martins, owner of A. Martins & Sons, did not respond to a request for comment as of press time.