Name released in Clifton park construction death October 21, 2008

CLIFTON PARK Brett Peck had worked for the construction company for only a few weeks before he was killed Monday afternoon after a construction trench collapsed on him.

Saratoga County Sheriff's officials released the name of the deceased 20-year-old laborer from Lenox, Mass., Tuesday and authorities from the Occupational Safety and Health Administration called the death "preventable" as their investigation continued.

A reinforced metal apparatus known as a trench box, or some other device to prevent a collapse, was not used at the excavation site as required by federal labor law, according to Terry Harding, OSHA assistant area director.

Peck was in a trench about 8 feet tall and 2 to 3 feet wide where drain pipes were to be laid for an addition to the home at 3 Chapel Woods Road when a large amount of heavy sand and clay fell in on him. It took rescue workers several hours to extricate the body.

"These collapses should not be occurring at this point, but they still do occur, unfortunately," Harding said. She said the classification of violations has not yet been determined and the penalties will depend on those.

Harding said she has spoken with representatives of the construction company, Steven Fiske Construction, a general contractor and concrete pumping firm with offices in Lenox and Sand Lake, Rensselaer County.

Reached on his cellphone Tuesday, Fiske said he could not comment at this time.