Hmm, in the part you quoted I was only talking about the specific example that you brought up, of WBW construction, which was covered in the article. Your first mention of it was vague on details (and close but not quite correct), so I reviewed and found the details in the article to be explicitly making claims of company malfeasance and not really hinting at worker ‘group dynamics’ at all, which was your proposed alternative hypothesis. Go ahead and review if you like. I’m not sure why this suddenly got more sharply argumentative, but it seems to me like you’re misunderstanding my comment and making assumptions. Why is the suggestion that WBW construction is responsible for the accident doing the opposite - opposite of what? And what do you mean exactly?
Companies do use bankruptcy to thwart legal actions all the time, which is crappy, but what bearing does that have on who is legally culpable for a trench collapse? And what is the alternative? You are suggesting OSHA should fine or sue individual workers? You are saying that companies are not solely responsible for installing trench boxes and providing on-site supervision? If not the company, then who is responsible? The law is declaring the company solely responsible, and I don’t see how it could be any other way, trench boxes are a company management decision. You even said “it’s not really up to an individual whether to install their own trench box”, so I’m double confused by your whole reply.
I think you’re talking in generalizations about the subtleties of the reasons that bad things can happen, and not about legal responsibility, and not addressing directly what I was talking about which is who should be legally responsible for meeting OSHA guidelines. Which, to be clear, isn’t exactly up for debate, OSHA already says who’s responsible. Anyway, these are two different questions, but for the purpose of assigning responsibility, OSHA doesn’t care if there are ‘group dynamics’ that lead to structural accidents. They put the company in charge because the company has to provide the supervisor and ensure safety. It’s simply not up to the workers.