OSHA Inspector Driving By a Worksite Nets $60,000 in Fines
OSHA has proposed $60,000 in fines and a willful citation against G. Lopes Construction Inc. for allegedly failing to provide cave-in protection for employees working in a 6-foot, 3-inch-deep excavation located in front of 156 Winthrop St. in Taunton, Mass.“These citations highlight one of the most dangerous hazards in construction work,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “An unguarded excavation can collapse in seconds, crushing and burying workers beneath soil and debris before they have a chance to react or escape.”
OSHA inspectors driving by the site on Oct. 28, 2008, stopped and opened the inspection after they observed company workers installing a drain line in the excavation. They found the excavation’s sidewalls were insufficiently shored to prevent their collapse and lack of a ladder or other safe means of exit.
As a result, OSHA issued the company one willful citation, with a proposed $56,000 fine, for the lack of cave-in protection and one serious citation, with a $4,000 proposed fine, for the absence of a ladder. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health, while a serious citation is issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on excavation safety is available on OSHA’s Web site at www.osha.gov/SLTC/trenchingexcavation/index.html.

