OSHA Finds Contractor Endangered Workers in Unguarded Trenches

OSHA Finds Contractor Endangered Workers in Unguarded Trenches

Boston Waterproofing & Construction Corp. faces $451,694 in penalties for the violations.

OSHA investigators discovered Boston Waterproofing & Construction Corp. repeatedly exposed employees to hazardous conditions at residential worksites in Massachusetts and Rhode Island.

According to a recent release, the company violated safety regulations at worksites in Arlington, Massachusetts, on September 10, 2023, and in Warwick, Rhode Island, on December 2, 2023. At both locations, untrained day laborers were recruited and ordered into unsafe excavations. Tragically, both unguarded trenches collapsed, burying and injuring one worker at each site.

The resulting OSHA investigation revealed details about the company’s practices. In Arlington, the employer not only failed to rescue the trapped worker but also took away the employee's phone and struck the individual to prevent them from seeking medical help. At the Warwick site, the injured worker's request for emergency services was denied, and the employer transported the worker to an urgent care facility in a personal vehicle, abandoning the injured person there.

“Boston Waterproofing & Construction Corp. employed an especially disturbing business model that appears deliberately designed to exploit day laborers, who the employer places in clearly dangerous conditions without required training and adequate protection,” OSHA Regional Administrator Galen Blanton in Boston said in a statement. “The company’s brazen and callous actions led OSHA to issue willful citations in both cases as we seek to hold the employer accountable for its illegal, unsafe and frankly inhumane conduct.”

The Warwick inspection uncovered additional misconduct. The employer caused significant damage at the worksite, refused to repair it and subsequently threatened the homeowner who reported the damage. These actions led OSHA to issue severe penalties totaling $451,694, $225,847 for each inspection.

Boston Waterproofing & Construction Corp. failed to respond to OSHA’s citations and penalties, resulting in the penalties becoming final on April 18, 2024, and May 14, 2024. The employer has forfeited any appeal rights.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

Product Showcase

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • EMSL Analytical, Inc. - Air Sampling Supplies & Testing Labs

    EMSL Analytical, Inc. operates laboratories throughout the United States and Canada. EMSL is a nationally recognized and locally focused provider specializing in fast laboratory results for Asbestos, Mold, Silica, Lead & Metals, Bacteria, Legionella, USP , Combustion By-Products, VOC’s, Radon, PCB’s, Formaldehyde, METH/Fentanyl, Identification of Dust & Unknowns. Sampling Pumps, Cassettes, Media & Supplies available. Reach us at 1-800.220.3675 Read More

  • SwabTek® Cannabis Test Kit

    The SwabTek® Cannabis Test Kit is a single-use spot test designed for use in screening for cannabis compounds in any sample type or on any surface. The test is capable of identifying the presumed presence of cannabinoids in very small quantities, with a level of detection as little as 6 μg in mass. Learn more about the SwabTek® Cannabis Test Kit and the rest of SwabTek surface drug testing solutions through the webinar titled "Everything You Want To Know About Surface Testing" Read More

Featured