Bednar Landscape Services Inc.

Description
Two workers, Oscar Portillo and Selvin Zelaya, were killed while digging a trench around the foundation of a home on Rockaway Valley Road in Boonton Township. The workers were installing a French drain system. One side of the trench was supported by the house foundation but the other side was not properly shored up. The trench was between 9 feet and 13 feet deep. Mud was filling in the trench because of its depth and documents showed that President Keith Bednar had rented a muck pump and discharge house from a supply house, meaning he was aware of the depth of the trench and the unstable conditions. Corporate Secretary Christopher Liberatore was on-site a few hours before the collapse and also knew of the trench conditions. The homeowner called authories and reported two workers were trapped in the trench and rescue workers and police were dispatched to the house. Oscar Portillo was at the bottom of the trench with a muck pump when it collapsed. A site foreman and Selvin Zelaya attempted to dig Portillo out. The trench collapsed again and buried Zelaya. The foreman was able to get out and climb to safety. Bednar Landscape Services paid for the funerals of both workers.
Prosecutors:
Chief Assistant Prosecutor Matthew Troiano
Incident Type: Trench Collapse
County: Morris
State: NJ
Date: Oct. 1, 2014
Additional Materials
Folder for Bednar Landscape Services Inc. materials
Available Case Materials Include:
Media Clips & Gov't. Press
OSHA inspection detail
Contact for Additional Information:
Info unavailable
Victims
First Last Age Title Employer Injury Type
Oscar Portillo 46 Info unavailable Bednar Landscape Services Inc. Fatality
Selvin Zelaya 39 Info unavailable Bednar Landscape Services Inc. Fatality
Defendants
Name Type Title Plea Info. Conviction Sentence
Keith Bednar Individual President Bednar is applying for admission into Morris County's Pretrial Intervention program. Bednar is applying for admission into Morris County's Pretrial Intervention program.
Crimes Charged: Penal Crimes: Causing or Risking Widespread Injury or Damage (Fourth Degree) (NJ Rev Stat Sec.
Other Crimes: None
Christopher C. Liberatore Individual Corporate Secretary Liberatore is applying for admission into Morris County's Pretrial Intervention program. Liberatore is applying for admission into Morris County's Pretrial Intervention program.
Crimes Charged: Penal Crimes: Causing or Risking Widespread Injury or Damage (Fourth Degree) (NJ Rev Stat Sec.
Other Crimes: None
Bednar Landscape Services Inc. Entity Entity Pleaded guilty to causing or risking widespread injury or damage. Chief Assistant Prosecutor Matthew Troiano told Judge Stephen Taylor that the state recommended punishment of a $50,000 fine against the company to be dispursed to Portillo and Zelaya's children. At sentencing, the company was placed on probation, which will serve as oversight of the payments to the children.
Crimes Charged: Penal Crimes: Causing or Risking Widespread Injury or Damage (Fourth Degree) (NJ Rev Stat Sec.
Other Crimes: None