Investigators with the Occupational Safety and Health Administration have proposed fines of more than $160,000 for five violations against Freedom Paving Group, also known as Patriot Paving Group.
The OSHA report said the company was installing storm drainage pipes in a three to four foot deep trench, while Freedom Paving's owner Clifford Lane used an excavator near the retaining wall's base. The excavator destabilized the wall, causing roughly a 50-foot-long section to tip over. One worker escaped the trench, but the second suffered fatal injuries.
Lane said the town did not properly build the retaining wall that fell, and did not inform him of the dangerous conditions.
"And of course, we didn't know what the wall was made of, I've been doing this for 43 years, and I've never seen anything built like that in my life," he said.
Lane said that two other investigations by the bonding company and insurance company found that Freedom Paving was not at fault.
OSHA has cited the company for five willful violations for failing to brace the retaining wall, failing to remove employees from the trench and failing to train employees in the hazards of trench work.
Lane said he will contest the findings.
The town of Brooklin could not be reached for comment by airtime.