The New York Times points out:
The owner of a Brooklyn construction site where a day laborer died in March when earth and debris collapsed on him was charged with manslaughter on Wednesday. In announcing the indictment, at a time in which construction-related deaths in New York are running far ahead of last year’s pace, the authorities said that more construction-related prosecutions may be ahead.
The site owner, William Lattarulo, was warned by workers and by a consultant that a trench that had been dug on his East New York site was unstable, prosecutors said. “Essentially, his retort was, ‘Don’t worry about it,’ ” said Michael F. Vecchione, chief of the Brooklyn district attorney office’s rackets division.
The authorities said that the worker, Lauro Ortega, 30, suffocated when the tumbling dirt and debris rose to his chest, creating pressure so great that he could not breathe, even though his head remained uncovered.
The article continues:
Those accidents have directed much public scrutiny and apprehension skyward, toward towers of concrete, steel and glass and the cranes that help them reach their heights. But every day around the city, legions of workers, many of them day laborers, toil on jobs not as attention-grabbing as those done on skyscrapers, but often just as dangerous.
Surprisingly the New York Times reports:
In a 2003 investigation, The New York Times reported that from 1982 to 2002, 2,197 workers were killed on the job nationwide because employers “willfully” violated safety laws. In 93 percent of the 1,242 cases investigated by the Occupational Safety and Health Administration, the agency declined to seek prosecution.
Only 68 criminal cases have been brought nationwide under the Occupational Safety and Health Act, an average of fewer than two per year, said David M. Uhlmann, a law professor at the University of Michigan and former chief of the Justice Department’s environmental crimes section.