A Trench Caves In; a Young Worker Is Dead. Is It a Crime?

New York Times ^ | 12/21/03 | David Barstow

[saquin]

The body of Patrick Walters as it was removed from the trench that collapsed and killed him in 2002. His family's lawyers provided the photograph.

[Az Joe]

Damn, as I was reading that first paragraph I thought they were finally getting around to condeming Kennedy for murdering Mary Jo.

[Old Professer]

A trench box is essential to work like this, but some days the ground is so unstable that the work can't be done by hand at all.

This company should be put out of business.

I used to be a safety official; you can't ever stop preaching regardless how deaf the ears.

[DB]

The company should be severely punished BUT the worker is also responsible. It is your life to protect. Doing something you know is dangerous with unnecessary risk is your fault. At least that's my opinion...

[DB]

The worker knew better as well.

[agitator]

I can solve this problem, pick up Linda Moeves, Mr. Dimling and the acting area director, Dennis A. Collins, and let them rot in prison until they die. They deserve it.

[okie01]

Odd that the New York Times would devote so much space to this tragic story. Doesn't the Times believe that more federal regulation will solve everything?

How could an agency with such noble intentions as OSHA fail?

[Old Professer]

I know, but it doesn't matter; the foreman on-site should be criminally prosecuted.

[Richard Kimball]

We had a case where a high-pressure concrete injection pipe ruptured and hit two guys. One of them had skull shards blown into his brain. As my crew was packaging the guys, they told the police not to let the contractor remove any of the equipment, but they had it down 10 minutes after the guys were transported, and the police just watched. OSHA is terrible about citing little garbage stuff and fumbling the big stuff. Trench rescues suck. They're practically always body recoveries.

[DB]

I don't disagree.

[Richard Kimball]

The guy was 22 years old with a GED. He was an apprentice being trained. In dangerous work, older, more experienced people should look out for young guys. At 22, I thought I was invincible. Unfortunately, because of the callous disregard for safety, he'll never get a chance to wise up.

[Peace will be here soon]

The company should be severely punished BUT the worker is also responsible. It is your life to protect. Doing something you know is dangerous with unnecessary risk is your fault. At least that's my opinion...

---

I will second that.

[LibWhacker]

That picture kills me. Linda Moeves gets the lion's share of the blame here, imo. Too bad she can't be forced to sleep in that muddy hole every night for the rest of her life. Maybe then she'd remember her responsibilities.

[Dan Evans]

I wonder if this outfit was mobbed up.

[Lancey Howard]

That is an excellent question.

[Lancey Howard]

I think the lesson here is: Listen to your own vibes. Always.

[familyop]

Accidents involving construction men being buried in trenches happen quite often. And the workers do as they are expected to do, or they have the choice of getting out of the business. ...like so many other occupations. The young man had a family to feed and knew better than to refuse to do or to delay any part of his work.

It would be easy enough to build a quick installation kit for structural support in trenches if something like that isn't already on the market. Something like that could be fastened together and lowered into a trench with the backhoe and a chain.

Will we help conservatism by deriding murdered peasants for lazy minded bosses? I don't think so.

[familyop]

"I wonder if this outfit was mobbed up."

As you probably already know, most of those outfits are mobbed up like mainstreet stores. Try moving to a town in another state and starting a new construction business. ...or even building your own house. And the engineering firms are often unanimously involved in driving up costs and time for newbies.

[N3WBI3]

In this case it would not have saved his life, the debris was far too liquified to save him, but by not having it there the broke the law and thus by definition comitted a crime. In my short stint as a safety inspector for USACE I would have never let a man go down into a rain soaked trench...

[Indie]

And then there were the lawyers

"Government MEANS betrayal. OSHA is a pussycat just like the FCC and the FAA. Worthless.

As far as the trench, the boy was under duress and feared being out of work. Yeah he should have known better, but that is why the Safety Officer is supposed to be there to take the heat, and not allow anyone within 50 yards of this trench.

The company owner needs to rot in hell along with every freeking lawyer on this case that made this family's life hell. Lawyers s***. They ought to be banned from ALL government service, elected or appointed. IMO.