OSHA has cited Phillips Construction in Hernando, Miss., with nine safety violations following an October 2008 trench collapse in Horn Lake, Miss., that resulted in yet another needless death of one worker and injury to another.OSHA has cited the company with one willful safety violation carrying a proposed penalty of $49,000 for failing to provide cave-in protection, such as shoring, sloping or a trench box, for its employees. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.Six serious safety violations with $21,000 in proposed penalties have been proposed for failing to develop and maintain safety and health programs, provide training on trenching hazards, provide personal protective equipment, provide a means of egress from the trench, keep excavated soil at least 2 feet away from the trench edge and remove surface encumbrances from the trench side. A serious violation is issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

OSHA has cited John Prouty Construction Inc., O’Neill, Neb., for alleged violations of the Occupational Safety and Health (OSH) Act following an investigation of a trench collapse near Verdel, Neb., that killed four workers Sept. 12, 2008.OSHA’s investigation of the excavation company’s site found three alleged willful and two alleged serious violations of the OSH Act.“There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring.”The willful violations stem from the company’s failure to instruct employees in recognizing and avoiding unsafe conditions when working in a trench and not having a cave-in protection system. Furthermore, excavated spoils and other equipment were not kept 2 feet from the trench edge. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.The serious violations stem from the lack of hard hat use by employees where an overhead hazard existed as well as failure to provide safe access into and egress from a trench greater than 4 feet in depth. OSHA has proposed $201,600 in penalties against the company.

OSHA has cited A-1 Excavating Inc., Bloomer, Wis., for alleged willful violations of safety standards, proposing nearly $700,000 in penalties for numerous life-threatening violations at a trenching operation in Weston, Wis.In September 2008, OSHA opened an inspection at the excavation jobsite in Weston after an agency inspector observed employees exposed to cave-in hazards while working in an 8-foot-deep, unprotected trench. As a result of the inspection, OSHA issued six instance-by-instance willful citations to the company for failing to protect employees from cave-in hazards, and five instance-by-instance willful citations for failing to set the spoil pile material excavated from the trench two feet or more from the edge of the excavation.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Harrison, Arkansas - based Henley Construction Inc. with two willful and three repeat violations of OSHA standards and has proposed $63,000 in penalties.

“Failure to protect employees from potential trenching and excavation hazards is unacceptable,” said Carlos Reynolds, OSHA’s area director in Little Rock, Ark. “It is fortunate in this case that on one was injured.”

OSHA’s Little Rock Area Office began its inspection on Nov. 4, 2008, at the company’s worksites on 1499 Highway 65 and 1683 Highway 65 in Clinton. The investigation, which was part of OSHA’s National Emphasis Program, found alleged willful violations including the company’s failure to provide training in avoiding hazards associated with working in trenches 8-feet deep or more and failure to provide a means of egress while employees are working at excavation worksites that are 4-feet deep or more. OSHA defines a willful violation as one committed with intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

It appears this contractor is no stranger to Federal OSHA as they have been inspected three other times since 2003. All inspections netted violations and fines. In February of 2006 Hensley had received six repeat citations and $22,800 in citations but were able to negotiate it down to three repeat citations and $5,400 in fines. Let’s see how interested OSHA is going to be in negotiating this most recent outcome.

OSHA is proposing $108,000 in penalties against Tippins Contracting Co. for seven safety violations that exposed its employees to possible injury or death at two construction sites.

Inspections conducted in August and October 2008 revealed that the Marietta, Ga., company violated OSHA standards by failing to provide employees with protection from cave-ins while they worked in trenches. As a result, OSHA is proposing two willful citations with $88,000 in penalties. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Five proposed serious violations carry penalties totaling $20,000. Inspectors found that damaged ladders were used at both sites. Additionally, at one site, material excavated from a trench was placed too close to the edge of the excavation, a portable ladder of insufficient height was used in one trench, and employees did not receive adequate training in the proper and safe use of ladders.

This company was previously cited for four serious violations and $12,500 back in 2007 for very similar safety violations.  Through an informal settlement these citations were reduced to one “serious” violation and two “other than serious” violations and $5,000 in fines.

“Trenching and excavating can be done without risking employees’ lives but only if employers take the necessary precautions,” said Andre Richards, director of OSHA’s Atlanta-West Area Office. “Too often, employers focus on finishing a job quickly instead of finishing a job safely.”

According to OSHA, the fatality rate for excavation work is 112% higher than the rate for general construction.  Cave-ins are typically the most feared trenching hazard, but other potentially fatal hazards exist, including asphyxiation due to lack of oxygen, inhalation of toxic fumes, drowning, etc. Electrocution or explosions can occur when workers contact underground utilities as well.  Trenching operations are a high priority when it comes to where OSHA focuses its resources.  The following five OSHA regulations are the most frequently cited for trenching and excavation work: 

#1:  29cfr1926.652(a)(1) Requires that each employee in an excavation be protected from cave-ins by an adequate protective system except when:
·         The excavation is made entirely in stable rock; or
·         The excavation is less than 5 feet (1.52 m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. 

#2:  29cfr1926.651(c)(2)  Requires a stairway, ladder, ramp, or other safe means of egress to be located in trench excavations that are 4 feet or more in depth so as to require no more than 25 feet of lateral travel for employees to reach this device.

#3:  29cfr1926.651(k)(1)  Requires that daily inspections of excavations, the adjacent areas, and protective systems be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. OSHA states the inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.

#4:  29cfr1926.651(j)(2)  States that employees are to be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection is to be provided by placing and keeping such materials or equipment at least 2 feet from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both.

#5:  29cfr1926.651(k)(2)  States that if the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, then the exposed employees are to be removed from the hazardous area until the necessary precautions have been taken to ensure their safety.

If you would like assistance in the area of trenching and excavation safety including training, program development, or site assessments, please contact Advanced Safety & Health at (502) 240-6910 to assist you.