Updated Feb. 12
The Occupational Safety and Health Administration (OSHA) and the Cape and Islands District Attorney’s office are investigating after a construction worker is believed to have fallen to his death in Edgartown on Tuesday morning.
Cape and Islands District Attorney Rob Galibois released a statement Wednesday that 32-year-old Jose Luis Collaguazo Crespo from Fall River succumbed to his injuries after falling from a ladder on the second floor to the basement of the Meshacket Commons construction site, a project overseen by the Island Housing Trust.
The local district attorney said that they have not found evidence of negligence on the part of the developer, and it appears the death was accidental.
“At this time, investigators have preliminarily ruled the incident an accident,” Galibois said in a statement. “Based on the information currently available, any potential negligence by the developer would fall under civil rather than criminal jurisdiction. Our office is monitoring the situation, but as of now, there is no active criminal investigation. If new evidence emerges that warrants further review, we will assess it accordingly.”
Meanwhile, OSHA spokesperson James Lally said that they are “inspecting” the incident, but details of their inquiry are not public. There is currently no timeline for how long the investigation will take. According to Lally, it can take up to six months to complete.
The silent, snow-covered construction site on Meshacket Road was void of activity or workers on Wednesday afternoon. A gate into the facility was locked.
Inspectors with the town of Edgartown were on the site earlier this week. Inspectors periodically review buildings as it passes each construction phase, such as wiring and plumbing. The most recent inspection done to one of the Meshacket Commons buildings was on Feb. 10, to check on its foundation, according to the Edgartown building department.
Edgartown Building Inspector Reade Kontje Milne told The Times there wasn’t anything out of the ordinary at the site, and inspections had been going “really well” for Meshacket Commons. She highlighted that her department inspects the structures, not safety issues, like OSHA.
“If we saw something super-egregious, something awful, we would say something,” Milne said, adding that the work has been “very professional.”
Dellbrook JKS, the project contractor, released a statement saying it is cooperating with OSHA, and extended its condolences to Crespo’s loved ones.
“The safety and health of everyone who works on our sites is our highest priority; the passing of Mr. Crespo yesterday is a very sad and unfortunate event. Our thoughts are with Mr. Crespo’s family and friends at this time,” Robert Carson, Dellbrook JKS’s director of safety and risk management, said in a statement. “Currently, the accident is still under investigation, and Dellbrook is working closely with the OSHA and the other involved authorities. We want to thank the Martha’s Vineyard first responders and State Police for the efforts onsite.”
Lally has told The Times that OSHA is investigating Empire Builders, a Rhode Island–based general contractor, in relation to the project. When reached by The Times, an Empire Builders representative repeatedly stated that they would not be disclosing any information, to respect the worker’s family.
Carson told The Times that Empire Builders is a subcontractor of Cape Cod Panels, a Hyannis-based framing company.
The Edgartown Police Department was the first to report the death. On Tuesday afternoon, the department said that at 7:45 Tuesday morning, police and fire were dispatched to Meshacket Commons construction site for the report of a worker that had fallen from a ladder.
First responders located Crespo in the cellar of the construction site, after he had fallen from a second-story interior floor, police reported.
Edgartown Police report that first responders provided medical care and extricated the injured worker from the cellar. The department also noted that no cellar stairs at the site had yet been built. Crespo was transported to Martha’s Vineyard Hospital, where he was pronounced dead shortly afterward.
Edgartown Police Chief Chris Dolby said it was a “tragic accident,” and extended his condolences to Crespo’s family.
The Island Housing Trust also released a statement expressing their condolences to Crespo’s family.
“The IHT board and staff are saddened by this loss, and our hearts go out to the family at this difficult time,” Breeze Tonnesen, Island Housing Trust chief administrative officer, said in a statement.
Galibois’ statement also praised first responders, and offered his condolences to the family. “District Attorney Galibois’ thoughts are with the victim’s’ loved ones during this difficult time and tragic accident. District Attorney Galibois would like to recognize and thank the first responders for their swift and professional response to the incident, as well as investigators who worked diligently to gather facts.”
Meshacket Commons is a $34 million, 40-unit affordable housing development that started construction in late August. The project consists of 36 rental units and four homeownership units. Developers have previously told The Times the project is expected to take around 15 months to complete, with hopes of obtaining a certificate of occupancy in November 2025.
OSHA is the agency that can determine the cause of this tragedy. Once their investigation is done- OSHA will decide if there were violations of safety codes.
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