A federal workplace safety investigation revealed that the owner of a construction company ignored repeated warnings before a wall collapsed in Brownville, killing his brother.
Clifford Lane, owner of Patriot Paving Group, also known as Freedom Paving Group in Glenburn, committed five “willful” violations on the first day of construction at Railroad Avenue in Brownville on June 25, according to the US Department of Labor’s Occupational Safety and Health Administration (OSHA).
An unbraced retaining wall collapsed, killing 67-year-old Stephen Lane. Clifford Lane, Stephen Lane’s brother, died “doing what he loves, working with his family,” according to his obituary.
Clifford Lane ignored “repeated warnings” from an onsite expert and the paving company’s site safety plan before the fatal collapse, according to OSHA.
OSHA proposed fines totaling $161,325 for the five willful violations. The company has 15 business days to contest OSHA’s findings or request an informal conference with the local OSHA director.
When a Bangor Daily News reporter called Freedom Paving Group on Thursday morning, no one answered the phone, and there was no voicemail.
On June 25, the crew replaced the sidewalk and retaining wall beneath the railroad bridge.
According to OSHA, two workers were installing drainage pipes in a trench about four feet deep, while Clifford Lane operated an excavator near the base of the retaining wall. The excavator destabilized the wall, causing a 40- to 60-foot section to tip over.
One worker managed to escape, but the other died.
Lane was aware of the trench’s instability but failed to evacuate employees or use protective systems, according to OSHA. His decision posed “clear and imminent dangers.”
“The warnings were clear, but Clifford Lane chose to ignore them, putting progress ahead of safety and directly endangering employees,” said Samuel Kondrup, OSHA Area Director in Augusta. “There is no excuse for so callously endangering workers’ lives.”
The serious, willful violations include failing to brace the retaining wall and exposing employees to hazards; failing to remove employees from the trench after it was determined to be hazardous; and failing to train or instruct three employees on trench-related hazards.
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