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Atlantic Drain Services Inc.

Description

Two construction workers drowned while working in a 14 feet deep unshored trench when the trench collapsed, burying the workers up to their waist in dirt. A fire hydrant supported by the collapsed dirt was suspended by its water line, which snapped, and filled the trench with water in seconds. Firefighters spent hours digging through the rubble to recover the two bodies. After the incident, the owner, Kevin Otto, sought to deceive authorities by forging employees’ signatures to make it appear they had completed trench safety courses (which were required because of the company’s earlier OSHA violations). The company has been cited numerous times and received repeat and willful citations. Otto and Atlantic Drain services had two prior OSHA violations in the past 10 years, and were required to undergo training as a result of those violations.

Prosecutors

Dan Conley

Incident Type

Trench Collapse

County

Suffolk

State

Massachusetts

Date

October 21, 2016

Available case materials include

  • Advocacy Materials
  • Media Clips & Gov't. Press

OSHA Inspection

Contact for Additional Information

Victims

First Last Age Title Employer Injury Type
Kelvin Mattocks 53 Construction Worker Atlantic Drain Services Fatality
Robert Higgins 47 Construction Worker Atlantic Drain Services Fatality

Defendants

Name Type Title Plea Information Conviction Sentence
Kevin Otto Individual Owner Pleaded not guilty to the charges. Otto was convicted of two counts of manslaughter. He was sentenced to two years in jail followed by three years probation.
Penal Crimes Charged

Manslaughter; Misleading an Investigator; Concealing a Record

Other Crimes Charged

Unavailable

Atlantic Drain Services Inc. Entity Entity Pleaded not guilty. Convicted on manslaughter (two counts). Sentencing scheduled for December 4, 2019.
Penal Crimes Charged

Manslaughter; Misleading an Investigator; Concealing a Record

Other Crimes Charged

Unavailable