Editor's note: This story has been updated.
Roger Porter was killed when a Bobcat compact track loader flipped and landed on him while he was working in a trench, according to news reports.
A subsequent investigation by the Occupational Safety and Health Administration found that the employer, LMA Services, could have prevented the accident. OSHA cited lack of training on the safe operation of heavy equipment.
Porter was leveling gravel in the 8-foot trench when the accident occurred in Brockton, Massachusetts. Watch a report.
OSHA found LMA exposed employees to struck-by and caught-between hazards as they worked near a compact track loader during the excavation work.
Investigators said the CTL was operating on uneven ground with its bucket elevated. It was being used to load and unload crushed stone.
Further, according to OSHA, after it served subpoenas for documents and for managers to testify, LMA Services delayed providing injury and illness records, which employers are required to provide within four hours of OSHA’s request.
OSHA issued LMA Services a willful citation for failing to adequately protect its employees. The citation noted that the employer could have protected its employees by training them to follow the manufacturer’s safety warnings, being aware of hazards in the work area, and establishing a site-specific safety plan. OSHA also issued the company a second other-than-serious citation for its failure to provide the requested OSHA logs within the required time period.
The agency assessed $142,642 in proposed penalties.
“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,” said James Mulligan,
“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,” said James Mulligan, OSHA area director in Braintree, Massachusetts, in a statement. “Federal law requires employers to identify hazards that can cause harm and make corrections to ensure workers’ safety and health.”
in Braintree, Massachusetts. “Federal law requires employers to identify hazards that can cause harm and make corrections to ensure workers’ safety and health.”