ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Today's Safety NewsGovernment Safety RegulationsOccupational Safety

Mass. company owner going to jail in worker trench deaths

December 17, 2019

A company owner in Roslindale, Massachusetts was sentenced this week to two years in the House of Corrections after being found guilty of two counts of manslaughter for the deaths of two employees. Kevin Otto, owner of Atlantic Drain Services, will have three years’ probation following his sentence, and he can never again employ anyone in a job that involves excavation.

Robert Higgins and Kelvin Mattocks drowned in October 2018 in an unprotected, 14’ deep trench following a water main break. It took Boston firefighters hours to recover the men’s bodies, one of whom was found fully encased in a standing position.

$1 million+ in OSHA penalties

Prosecutors had asked the judge to sentence Otto to seven to 10 years in prison, based on his company’s history of safety violations. Following an investigation into the fatality, OSHA levied an additional $1.48 million in penalties on the company for 18 willful, repeat, serious and other-than-serious violations of workplace safety standards.

Otto was also charged with one count of misleading an investigator and six counts of concealing a record. The court found that Otto forged his employees' signatures on records saying they had completed trench safety courses that were mandated when OSHA levied $55,000 in fines against Atlantic Drain in 2007 and again in 2012 for putting workers in deep trenches without proper safety precautions.

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) said it hoped the sentence will serve as a warning to employers that place profits over the safety of their employees that society will punish them for needlessly putting lives at risk.

Falsified records

“When a worker is killed on the job, it is incredibly rare that an employer is held responsible, despite knowingly putting their workers' lives at risk,” said MassCOSH Executive Director Jodi Sugerman-Brozan. “This case was even more egregious in that Kevin Otto and Atlantic Drain had already been issued multiple OSHA violations, had been placed in OSHA’s Severe Violator Enforcement Program and even attempted to deceive investigators with falsified safety and health records after the tragic event."

“[We are] glad there is coverage so the world will know that [Kelvin] did not die in vain and some good has come out of this,” said Melinda Mattocks-Ushry, sister of Kelvin Mattocks.

After the disaster, MassCOSH worked with the Boston City Council and Boston Mayor Martin J. Walsh to pass an ordinance requiring companies to report their own OSHA violations when applying for a city permit. The goal: to prevent contracts and public funds from going to entities with a history of putting workers at risk. City officials can now deny permits if contractors have a record of failing to protect workers and can revoke or suspend necessary permits on the same basis.

Additionally, MassCOSH is actively involved in seeking the passage of S2372/H4125: An Act Relative to Workplace Safety (https://malegislature.gov/Bills/191/H4125). The legislation will require companies seeking to do business with the Commonwealth, or seeking a trenching permit to report their record of safety violations. If passed, the Commonwealth will be able to avoid contracting with companies that have a poor record of safety, thereby preventing future worker injuries and deaths across the state.

“Each year, trench work is found to be one of the most deadly situations for workers and often it is due to not following OSHA regulations,” said Representative Michelle M. DuBois. “I filed [An Act Relative to Workplace Safety] a common sense, worker safety, transparent government bill to ensure municipalities have all the facts about a contractors’ OSHA violations prior to issuing permits. Chuck was a Brockton resident and his family still resides in my district. If this law was on the books, there is a good chance he would still be here today.”

KEYWORDS: OSHA violations serious injuries & fatalities (SIFs) trenching hazards workplace hazards

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Workplace Training Strategies
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Government Safety Regulations
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Worker Impairment

How to Tell When a Co-Worker is Impaired? A Safety Pro’s Challenge

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • trench

    Facing charges in worker’s 2021 trench collapse death, contractor surrenders to police

    See More
  • trenching fatalities

    Trench deaths result in manslaughter indictment

    See More
  • Construction company owner charged with manslaughter in trench death

    See More

Related Products

See More Products
  • 1119906652.webp

    Alive and Well at the End of the Day: The Supervisor's Guide to Managing Safety in Operations, 2E

  • Top Ten Pitfalls in OSHA Recordkeeping and How to Avoid Them

See More Products

Related Directories

  • SafetyLine Lone Worker

    SafetyLine Lone Worker helps companies monitor the status of workers who are remote, alone, or working in hazardous situations. We are an automated check-in monitoring and emergency notification service. SafetyLine uses its communications infrastructure to ensure that workers have comprehensive monitoring, 24/7, without the need for costly monitoring centers.
  • Safe Site Check In LLC

    Make Jobsite Management Easy(™). Safe Site Check In saves jobsite safety, super, project, and cost managers hours a day including: Digital badging, onboarding & training, Safety screening, Daily log creation Safety JSA, EAP, SDS Project management integration, Subcontractor management, Remote site monitoring, Worker profiles, Incident investigations.
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing