Department of Labor cites Massachusetts contractor after safety failures led to 51-year-old’s crushing death

BRAINTREE, MA – A federal workplace safety investigation has found the operator of three Massachusetts waterproofing contracting companies could have prevented 51-year-old Gerceir Osvaldo DeFaria from suffering fatal injuries in February 2024 when part of a foundation broke and fell on the worker in a 5-to-6-foot-deep trench beneath the foundation of a Hanson residence.

The U.S. Department of Labor’s Occupational Safety and Health Administration found the employer, Aleckssandro Tomaz Pereira of Woburn – operating as Boston Concrete Corp LLC, VMT Contractor LLC and Boston Concrete and Remodeling LLC – exposed employees to cave-in, caught-between and structural collapse hazards by failing to protect the trench and the building foundation against collapse.

OSHA investigators determined the employer instructed the worker to enter the unprotected trench to prepare a foundation wall for waterproofing and dig out an area under that wall to install concrete footings.

“Aleckssandro Tomaz Pereira should never have placed workers in this trench until the excavation and the building’s foundation were guarded against collapse, workers were properly trained, water was removed from the trench and an exit ladder was provided,” said OSHA Area Director James Mulligan in Braintree, Massachusetts. “This tragedy was entirely preventable.”

In addition, the agency found Pereira failed to do the following:

• Ensure the employee in the trench did not dig beneath the unsupported foundation walls’ base.
• Train employees to recognize and avoid cave-in and structural collapse hazards.
• Train employees on operating the excavator and recognizing associated hazards.
• Provide a safe means of exiting the trench.
• Prevent water from accumulating in the trench.

OSHA has cited Pereira for two willful and six serious violations and proposed $283,115 in penalties.

View the citations. 

The employer has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.