BROCKTON — Federal investigators say a Stoughton general contractor failed to follow safety rules, leading to a fatal accident at a Brockton Hospital construction site.
Worker Roger Porter of East Sandwich was leveling gravel in an 8-foot-deep trench on June 13, 2023 when a skid-steer loader driven by a coworker fell on him. He was pronounced dead at the scene.
On Thursday, the Occupational Health and Safety Administration said LMA Services Company could have prevented the incident if they had followed safety regulations and trained their workers properly.
OSHA fines construction company
OSHA has proposed a fine of $142,642.
The company contests the results of the investigation. A call to the Stoughton firm was not immediately returned Thursday.
“LMA Services Company’s safety failures led to the loss of a worker’s life, a tragedy that could have been prevented if proper procedures were followed,” OSHA Area Director James Mulligan said in a written statement. “Federal law requires employers to identify hazards that can cause harm and make corrections to ensure workers’ safety and health.”
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Citation reveals new details of accident
The government gave LMA a citation for willful, serious violation. The citation provided new details on what happened.
“On June 13, 2023, an employee was exposed to[,] struck by and caught between hazards associated with a Bobcat Compact Track Loader tipping over, where the operator was traveling with the bucket in an elevated position, loading and unloading on sloped, uneven ground, and traveling backwards up an incline while the employee was working under the bucket,” the citation reads.
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Cited for failing to turn over records in a timely way
OSHA also cited the firm for failing to turn over injury and illness records in a timely way. The agency subpoenaed LMA for the records on Aug. 10, 2023, but LMA didn’t hand them over until Sept. 7, 2023, the government alleged.
Porter’s family files lawsuit
Porter’s family has sued Whitman-based Auburn Construction Co. Inc., the general contractor that hired LMA for the Brockton Hospital job. Porter’s widow, Melissa R. Porter, filed a complaint in Plymouth County Superior Court on Jan. 4, alleging two counts of wrongful death. Jeremy M. Carroll, an attorney for the family, said Thursday that the family did not wish to comment beyond the legal complaint.
More workers die each year in the construction industry than any other, according to the U.S. Bureau of Labor Statistics.
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