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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.

Westchester County Initiates Arbitration Against Standard Amusements Over Playland Management Dispute

UPDATE: STANDARD AGREES!

THE DRAGON COASTER

(White Plains, NY) – Westchester County has formally initiated arbitration against Standard Amusements, LLC, following its wrongful attempted termination of the Playland Management Agreement (PMA).

STANDARD AMUSEMENTS THIS MORNING IN A STATEMENT TO WPCNR  BY A SPOKESPERSON FOR STANDARD CONFIRMED STANDARD AS AGREED TO THE ARBITRATION:

“WE ARE ENCOURAGED THAT THE COUNTY IS FINALLY BELGI NNING TO TALK ABOUT TAKING THE STEPS NECESSARY TO EFFECT AN ORDERLY TRANSITION OF PLAYLAND, AS WE HAVE ENCOURAGED THEM TO DO SO SINCE INFORMING THEM IN NOVEMBER OF OUR INTENTION TO TERMINATE OUR AGREEMENT.

WE WELCOME THE ARBITRATION PROCESS AS THE COUNTY STILL SEEMS INCAPABLE OF LIVING UP TO ITS AGREEMENTS WITHOUT THE JUDICIAL BRANCH FORCING THEM TO DO SO.”

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Additionally, Westchester County Department of Parks, Recreation and Conservation Commissioner Kathy O’Connor has formally requested that Standard begin the transition process to ensure the County can proceed with its plans to open Playland for the upcoming season.

The County has taken this necessary step to ensure that contractual obligations are upheld.

Standard Amusements has failed to meet its responsibilities, and we are taking action to protect the interests of Westchester residents.

The County has cured the 70% threshold requirement prior to Standard’s attempted termination and that Standard failed to adhere to the proper notice provisions outlined in the PMA.

Under the agreement, Standard was required to continue managing Playland until the dispute was resolved.

The company’s refusal to operate Playland for the 2025 season constitutes a breach of contract and an Event of Default under Section 23B(ii) of the PMA.

While the County has initiated arbitration regarding Standard Amusements’ decision to terminate its agreement, the County remains committed to ensuring a smooth transition of Playland’s management to County operations.