A Massachusetts concrete services company pleaded guilty in federal court in Boston to willfully violating Occupational Safety and Health Administration (OSHA) safety standards in a 2023 incident that led to a worker’s death.
John Oliveira & Sons Stamp Concrete, Inc. in East Freetown faces a term of probation of up to five years, a fine of up to $500,000, and restitution payable to the estate of the deceased victim, according to U.S. Attorney Leah B. Foley.
U.S. Magistrate Judge Paul G. Levenson scheduled sentencing for May 4, 2026.
According to court documents, the company utilized a large soil screener for purposes of processing and screening soil and similar substances. The soil screener was approximately 46 feet long and 13 feet high, and weighed approximately 35,880 lbs. The tail conveyor of the soil screener – which weighed approximately 1,500 pounds – could be placed in a vertical closed position or could be opened to an approximate 45° angle.
At various occasions in 2022 or 2023, the tail conveyor of the soil screener closed unexpectedly, and the soil screener had suffered a ruptured hydraulic pressure line.
On Sept. 6, 2023, a company employee was working alongside a co-owner on the tail conveyer of the soil screener, which was in the open position. At the time, there was no equipment in place to prevent the tail conveyer from closing.
According to the charging documents, as the employee was seeking to remove a bolt, the tail conveyor closed unexpectedly. The employee held onto the upper frame of the soil screener as the tail conveyer closed into the vertical position, crushing the employee’s head. The employee suffered massive head trauma and was pronounced dead soon thereafter.
In addition to plain concrete services, the company offers stamped concrete patios, pool decks, walkways, and driveways.
Topics
Workers’ Compensation
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