Contractor Faces $300K Fine After Cave-in of 5-Foot-Deep Trench Kills Worker

The violations were issued for a Connecticut plumbing company the day before another contractor in the state was fined $1.2 million...

Contractor Faces $300K Fine After Cave-in of 5-Foot-Deep Trench Kills Worker

The day before a contractor in Connecticut was issued fines totaling $1.2 million for repeat excavation violations, a plumbing company in the state was fined $296,600 after a worker was killed by a trench collapse.

Diamond Plumbing & Heating LLC of Norwich faces five violations after one of its employees died following a cave-in June 13, according to U.S. Occupational Safety & Health Administration records.

Michael DiRocco Sr., 60, of Norwich was partially buried in a trench, which was between 4 feet 10 inches to 5 feet 4 inches deep with vertical walls, where 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.

Contractor Issued 5 Violations

OSHA issued the following violations December 8 to Diamond Plumbing & Heating:

  • Willful violation, $92,688 – Trench not protected from cave-ins by an adequate protective system.
  • Willful, $92,688 – Spoil piles were placed within 2 feet from the edge of the trench.
  • Willful, $92,688 – 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, $9,268 – No stairway, ladder or ramps as a safe means to enter and exit the trench.
  • Serious, $9,268 – 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 (purposeful disregard) 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.”)

$1.2M in Fines

The day after Diamond’s penalties were issued, OSHA reported proposed fines of $1.2 million after an inspection revealed repeat violations two years after one of Sound Construction Inc.'s workers died in a trench collapse.

In all, the concrete and earthworks contractor based in Easton was cited with 11 violations December 9 after workers were found in June in a 10-foot-deep trench with inadequate cave-in protection and multiple other hazards in Stamford.

An employee of Sound Construction was crushed to death by a trench collapse in December 2023 in New Canaan. 

Trench Safety Osha Graphic