John Oliveira & Sons Stamp Concrete, Inc., based in East Freetown, Massachusetts, has been charged with willfully violating Occupational Safety and Health Administration (OSHA) safety standards after a 2023 workplace incident resulted in the death of an employee.
Court documents state that the company operated a large soil screener measuring about 46 feet long and 13 feet high, weighing approximately 35,880 pounds. The tail conveyor component of the machine weighed around 1,500 pounds and could be positioned either vertically or at a 45-degree angle. It is alleged that on several occasions in 2022 or 2023, this tail conveyor closed unexpectedly due to issues including a ruptured hydraulic pressure line.
On September 6, 2023, an employee was working with a co-owner on the tail conveyor while it was open. No equipment was in place to prevent the conveyor from closing. According to charging documents, as the employee attempted to remove a bolt, the tail conveyor closed without warning. The employee tried to hold onto the upper frame but was crushed when the conveyor moved into its vertical position. The worker suffered fatal head injuries and died shortly after.
The company has agreed to plead guilty to these charges. If convicted of willfully violating OSHA standards, John Oliveira & Sons Stamp Concrete faces up to five years’ probation, fines up to $500,000, and restitution payments to the deceased worker’s estate. Sentencing will be determined by a federal judge according to statutory guidelines.
United States Attorney Leah B. Foley stated: “The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”
The announcement was made by U.S. Attorney Leah B. Foley; Kelly M. Lawson, Acting Regional Director for the Department of Labor Employee Benefits Security Administration’s Boston office; and Jeff Erskine, Regional Administrator for OSHA Boston Region. Assistant U.S. Attorney William F. Abely is leading prosecution efforts.