Cemetery cited after gravedigger's accident

A Queens operator of a Long Island cemetery is facing a $123,000 fine after a cave-in nearly sent a gravedigger to an "early grave," a federal agency announced Tuesday.

The Occupational Safety and Health Administration said it cited St. John Cemetery Corp. of Middle Village after the cave-in at St. Charles/Resurrection Cemeteries in Farmingdale left the worker, who was digging a grave, waist-deep in dirt and seriously injured. The agency said the site lacked proper excavation protection that would have prevented the accident. The mishap took place in May, and the company was fined earlier this month.

"This worker literally came close to an early grave because the cemetery failed to provide proper excavation protections," said Anthony Ciuffo, who heads OSHA's Long Island office, which conducted the inspection that resulted in the fine.

A call to St. John Cemetery was returned by a spokeswoman for the Diocese of Brooklyn. St. John Cemetery owns and operates the cemetery for the Diocese of Brooklyn, according to the cemetery's website.

"We deny the allegations, and we are vigorously defending them," said Rocío Fidalgo, a diocese spokeswoman. "And we also believe that we have been singled out by OSHA for reasons that they only know."

OSHA cited the company for two "willful" violations and three "serious violations." It said those designations reflect that the employer knew about the hazards yet failed to provide "effective safeguards." And OSHA noted that the company was cited earlier this year for similar violations at a Queens cemetery. The agency said St. John settled that case and agreed to implement effective safeguards.

In a settlement a company neither admits nor denies guilt.

The agency said its inspection found that the support systems around the excavation were inadequate to prevent a cave-in. In addition, it said the dug-up soil was placed on the edge of the unprotected trench.

"This cave-in could have been prevented if proper and legally required trenching safety procedures had been followed by the employer," Ciuffo said.

The company has 15 business days after receiving the citation and proposed penalties to comply with the findings or to contest them, OSHA said.