Contractor Charged With Manslaughter After Trench Collapse Death
The contractor was on site when the employee was partially buried and also faces charges of negligent homicide and reckless endangerment...
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A Connecticut contractor faces three criminal charges, including first-degree manslaughter, following the death of a worker in a trench collapse.
Amilcar Deandrade, 51, the owner of Diamond Plumbing & Heating LLC of Norwich, is also charged with criminally negligent homicide and first-degree reckless endangerment.
The charges stem from a cave-in around 6 p.m. June 13 in Norwich. Michael DiRocco Sr., 60, of Norwich was partially buried in the trench, which was between 4 feet 10 inches to 5 feet 4 inches deep with vertical walls.
He had been helping to install pipes for a residential sewer project. He was rescued from the trench but later died at the hospital. He was a father of four and grandfather of eight, according to a GoFundMe page that raised money for funeral expenses for his family.
Diamond Plumbing was initially fined $296,600 by the U.S. Occupational Safety & Health Administration for five violations. The fine was later reduced to $60,000, according to online OSHA records.
According to the citations issued December 8, Diamond was cited for the following violations:
- Willful violation — Trench not protected from cave-ins by an adequate protective system, like a trench box.
- Willful — Spoil piles were placed within 2 feet from the edge of the trench.
- Willful — The employer, as the competent person on site, did not ensure the trench and adjacent areas were inspected before work and as needed during work.
- Serious — No stairway, ladder or ramps as a safe means to enter and exit the trench.
- Serious — The employer did not ensure the employee was protected from electrical hazards when the employer operated an excavator near a 120/240-volt residential powerline.
(A willful violation occurs “when the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety.” A serious violation occurs “when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm.”)
After an investigation, the Norwich Police Department recommended that Deandrade, who was on site during the incident, be charged. The New London County State’s Attorney’s Office issued an arrest warrant March 9, and Deandrade turned himself in March 13, according to police. He has been released on a $50,000 non-surety bond.
Criminal charges are not common in trench collapses, with at most a few a year. Safety advocates have called for criminal charges in more cases, arguing that such incidents are preventable if required trench boxes are used.
Equipment World has reached out to Deandrade for comment.
