This op-ed originally ran in the Baltimore Sun.
On June 5, a 19-year-old construction worker named Kyle Hancock was smothered to death when a deep trench where he was working collapsed. R.F. Warder Inc., the construction company that hired Hancock to help fix a leaking sewage pipe, and the bosses it employed are responsible for his death, plain and simple. Their failure to shore the trench to prevent a collapse was grossly negligent, readily foreseeable, eminently preventable and, therefore, criminal.
The scene of the incident was gruesome. To recover Hancock's body, emergency responders from the Baltimore Fire Department first shored the trench to protect themselves and then worked painstakingly until 1:30 a.m., digging with hand shovels 20 feet down. Before they began the rescue effort, they had to order two other workers out of the hole. We can assume from this fact that Hancock was not an isolated employee who acted recklessly. Rather, had the company provided even rudimentary safety training to its employees, supervisors would have known better than to allow more men to risk their lives after Hancock was buried alive.
In fact, trench collapses have been well-known hazards since Roman times. Regulations written by the Occupational Safety and Health Administration (OSHA) have made it illegal to dig a trench deeper than five feet without precautions like shoring.
Maryland regulators say they are investigating the fatal incident. But they have a dismal track record. Case in point: The Maryland Occupational Safety and Health division (MOSH) investigated a similar incident in Prince George's County last summer and settled with the employer for $2,200. That kind of penalty is not even a slap on the wrist and does nothing to deter future malfeasance, serious injuries and deaths.
Stopping this kind of gross negligence requires far more severe punishment. The best way to achieve justice in this case and to deter other companies in the construction industry from endangering lives while pinching pennies is to prosecute those responsible.
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Rena Steinzor | June 12, 2018
This op-ed originally ran in the Baltimore Sun. On June 5, a 19-year-old construction worker named Kyle Hancock was smothered to death when a deep trench where he was working collapsed. R.F. Warder Inc., the construction company that hired Hancock to help fix a leaking sewage pipe, and the bosses it employed are responsible for his […]
David Flores | June 11, 2018
This op-ed originally ran in the Bay Journal. Reprinted with permission. Science is hard, environmental policy is complicated and regulatory science can seem endlessly confounding. It does not have to be. Earlier this year, the Chesapeake Bay partners stepped into a time-worn trap, heeding calls from overly cautious states to wait for more refined scientific modeling […]
James Goodwin | June 4, 2018
Tuesday afternoon, three CPR Member Scholars – William Buzbee, Lisa Heinzerling, and Rena Steinzor – will be among the experts featured at a major symposium on the threats facing our system of regulatory safeguards. The symposium, The War on Regulation: Good for Corporations, Bad for the Public, was organized by the Coalition of Sensible Safeguards […]
Elena Franco | May 31, 2018
This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. As one of America’s first colonies, Virginia has a long history of industrialization and its consequent pollution along its waterways. It also has a long history of floods. This combination provides a potential for toxic […]
Daniel Farber | May 30, 2018
Cross-posted from LegalPlanet. The federal government is responsible for responding to major floods and runs the federal flood insurance program. It also has millions of dollars of its own infrastructure at risk from floods. Yet the government is failing to deal effectively with flood risks before the fact. Let’s begin with the levees that are the […]
Matthew Freeman | May 29, 2018
While most of the press EPA Administrator Scott Pruitt is getting these days has to do with his various over-spending scandals, his more lasting impact is likely to be his scorched-earth approach to environmental protections. In an op-ed in The Hill earlier this month, CPR’s Sid Shapiro highlighted one way Pruitt hopes to make an […]
Karen Sokol | May 21, 2018
Back in 2007, the Intergovernmental Panel on Climate Change (IPCC) noted the likelihood of an increase in what is now often referred to as "climate change" or "climate justice" litigation. The reason for the increase, according to the IPCC, is that "countries and citizens will become dissatisfied with the pace of international and national decision-making […]
Daniel Farber | May 17, 2018
In the era of Trump, one bright spot remains what's happening in cities across the nation. Here are some numbers: 402 U.S. mayors have endorsed the Paris Agreement and announced their intention of meeting its goals, while 118 have endorsed the goal of making their cities 100 percent renewable. A bit of quick research provides […]
Matt Shudtz | May 15, 2018
CPR President Rob Verchick recently sat down to talk with one of our newest Member Scholars, Professor Laurie Ristino of Vermont Law School, about the connections between climate change, food security, and policymaking tools like the Farm Bill that could be better used to promote sustainable agricultural practices. We’re excited to share an audio recording […]