Formica Construction

Pavia and Paci were installing a sewer pipe inside a 12-15 ft deep trench when it collapsed and they were killed. Kenneth Formica, a partner in Formica Construction Corp. and a licensed contractor with 30 years of experience, was supervising the work. Formica ignored regulations on shoring trenches and directed the two workers to work inside the trench without it being properly shored. On March 4, 2003, a few months prior ot the incident, NYC Department of Transportation Highway inspectors found violations at another Formica worksite that Kenneth Formica was also supervising. The inspector had ordered a worker out of an unshored trench and ordered Formica to shore it up. During OSHA's investigation, Formica admitted that he had made a mistake by leaving the trench unshored and was at a loss to why he did that. He testified before the grand jury that he was aware of the 5 feet rule.