Colorado court sentences construction company owner for reckless endangerment

A Colorado state court has sentenced the owner of an Avon-based construction company to jail and ordered restitution for the family of a 50-year-old worker who suffered fatal injuries in a preventable trench collapse at a Granby work site in June 2018.

The Grand County Court of the State of Colorado sentenced Bryan Johnson, owner of ContractOne Inc., to 10 months in jail for two counts of reckless endangerment and one count of third degree assault related to the death of Rosario Martinez. Johnson pleaded guilty to the charges on June 16.

In its sentencing, the court ordered Johnson to serve three years’ probation, complete safety training and allow OSHA to inspect his worksites without an administrative warrant. Johnson will also be required to make charitable contributions to local charities and participate in the U.S. Department of Labor’s Workers Memorial Day ceremony.

An investigation by OSHA determined that Johnson had hired Martinez to install drywall and do carpentry work but failed to train him or his other workers to identify or avoid hazards related to trenching and excavation.

At the time of the collapse, Martinez was installing a water service line at a Granby residential construction site. The trench collapsed the day before, but Johnson ignored obvious signs to change his procedures. Martinez’s son was on site and assisted first responders in digging his father out of the trench. Martinez later succumbed to his injuries at a nearby hospital.

OSHA investigators found ContractOne willfully failed to use a trench protective system as required. The company also failed to conduct regular site inspections to correct potentially hazardous conditions; did not place excavated soil piles a safe distance from trench edges; failed to provide ladders for egress; and did not use appropriate utility location procedures during trenching operations.

“The evidence collected during OSHA’s investigation, and later relied upon by the District Attorney’s Office to pursue criminal charges, reflects particularly egregious behavior,” said OSHA Regional Administrator Nancy Hauter. “Trenching is one of the most dangerous activities in the construction industry and Bryan Johnson failed to take any affirmative steps to protect employees, despite repeated warnings that work activities at the jobsite were hazardous.”

“Safety and health is paramount and takes precedence over production or profits,” said John Rainwater, U.S. Department of Labor regional solicitor. “The department believes the facts of this case warrant the sentence and we support the District Attorney’s efforts to hold Johnson accountable for failing to protect workers under his care and supervision. Incarceration sends a strong message. We believe that prosecuting criminal cases has the ability to change the industry.”