Mass. company pleads guilty to OSHA violation that led to employee’s death

A Massachusetts construction company pleaded guilty in federal court Tuesday to willfully violating workplace safety rules in a 2023 accident that killed an employee, the U.S. Attorney’s Office announced.

John Oliveira & Sons Stamp Concrete, Inc., based in East Freetown, admitted through its president, Michael Oliveira, to violating Occupational Safety and Health Administration (OSHA) standards after a worker was fatally injured by heavy machinery at the company’s worksite, according to court documents.

Prosecutors said the company was using a large soil screener, weighing nearly 36,000 pounds, to process soil and other materials. Part of the machine, known as the tail conveyor, weighed about 1,500 pounds and could be raised or lowered during operation.

Court records show the tail conveyor had unexpectedly closed on several occasions in the years leading up to the deadly incident, and that the machine had previously suffered a ruptured hydraulic pressure line.

On Sept. 6, 2023, an employee was working alongside a company co-owner on the tail conveyor while it was in an open position. Prosecutors said there was no safety device in place to prevent the conveyor from closing. As the worker attempted to remove a bolt, the tail conveyor suddenly closed, crushing the man’s head. He was pronounced dead shortly afterward.

Several local media outlets identified the worker as Josué Tiquiram, a migrant from Guatemala. According to a 2023 report by The New Bedford Light, Tiquiram had left his home country to find work in the U.S. about 18 months before his death. His uncle, Maximo Tiquiram Quinilla, told the outlet that he was working alongside his nephew at the time and witnessed the incident.

“He should not be dead,” Quinilla said. “He wasn’t wearing a helmet. The company doesn’t require that we wear a helmet.”

By pleading guilty, the company faces up to five years of probation, a fine of up to $500,000, and restitution to the victim’s estate. Sentencing is scheduled for May 4.

Morgan Rousseau is a freelance writer for Boston.com, where she reports on a variety of local and regional news.