CONTRACTOR GUILTY IN DEATH OF WORKER. FIRST CASE OF THIS KIND IN WESTCHESTER COUNTY. | WHITE PLAINS CITIZENETREPORTER 3,826,065 VISITS IN ONE YEAR---73,578 VISITS A WEEK BY 1,111,506 VISITORS

SUSAN CACACE

WESTCHESTER COUNTY DISTRICT ATTORNEY

CONTRACTOR PLEADS GUILTY AFTER CONSTRUCTION WORKER BURIED ALIVE IN 2021 TRENCH COLLAPSE

Unsafe working conditions or concerns about workplace safety can be reported to OSHA at 800-321-6742 (OSHA) or the DA’s Office at (914) 995-TIPS (8477). Language assistance is available.

Michael Conway, 60, was the site supervisor at a residential construction project in Mamaroneck.

WHITE PLAINS, N.Y. – Westchester County District Attorney Susan Cacace announced that a Bethel, Conn., contractor pleaded guilty today to reckless endangerment in connection with the 2021 death of a laborer.

Jose Vega, 46, a laborer at a Mamaroneck construction site, was killed after an unprotected, 9-foot trench he was inside of collapsed, completely burying him.

DA Cacace said: “Were it not for the complete disregard for federal safety standards, Mr. Vega might still be alive today. Instead, he was buried alive, in part due to Mr. Conway’s recklessness. This case, the first of its kind in Westchester County, should send a message to everyone in the construction industry: Safety standards are there for a reason, and we will not hesitate to pursue cases where they are violated.”

On May 4, 2021, Michael Conway directed workers at a Mamaroneck construction site to dig a trench without proper shoring or cave-in protections. Federal regulations promulgated by the Occupational Safety and Health Administration (OSHA) require that trenches at least 5 feet in depth be constructed with safety measures, including cave-in protections.

While Vega was inside the unprotected, 9-foot trench, it collapsed. He was pronounced dead at the scene. As site supervisor, Conway knew the trench excavation was in violation of OSHA regulations.

Conway, 60, pleaded guilty Friday morning before Judge Maurice Dean Williams to one count of Reckless Endangerment in the Second Degree, a class A misdemeanor.

The investigation into this incident was conducted by the Village of Mamaroneck Police Department with assistance from OSHA’s Tarrytown Area Office, the Westchester County District Attorney’s Criminal Investigator Squad, and the Westchester County Department of Public Safety.

DA Cacace commends the following agencies for their assistance with the rescue and recovery operation: the New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and the Town of Mamaroneck Ambulance District.

The case is being prosecuted by Bureau Chief Gwen Galef and Senior Assistant District Attorney Emily Rowe-Smith, both of the Economic Crimes Bureau of the Investigations Division.

Unsafe working conditions or concerns about workplace safety can be reported to OSHA at 800-321-6742 (OSHA) or the DA’s Office at (914) 995-TIPS (8477). Language assistance is available.