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OSHA News Release - (Archived) Table of Contents |
| NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only. |
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Region 1 03-730-BOS /BOS 2003-310 Monday, November 24, 2003 Contact: Ted Fitzgerald Phone: (617) 565-2074 Failure to Protect Workers against Cave-In Hazards at East Greenwich, R.I., Worksite Leads to $63,100 in Fines for Smithfield Contractor PROVIDENCE, R.I. -- A Smithfield contractor's failure to provide adequate protection against a cave-in for workers at an East Greenwich worksite has resulted in a total of $63,100 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). John Rocchio Corp. was cited for alleged willful, serious and repeat violations of the Occupational Safety and Health Act at a sewer line installation site on 1st Avenue in East Greenwich. OSHA's inspection of the jobsite found one employee working inside an inadequate trench box in an 11-foot-deep section of the trench and another employee working in an eight-foot-deep section of the trench that lacked any cave-in protection. "There's no excuse for this employer failing to supply a vital safeguard for workers, especially when it has been cited for this same type of hazard in the past. These conditions needlessly exposed workers to a hazard that resulted in $63,100 in fines," said Kipp W. Hartmann, OSHA's Rhode Island area director. OSHA issued a willful citation to John Rocchio Corp. for the lack of cave-in protection and proposed a fine of $49,000. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. In addition to the inadequate trench box, the inspection also found that the ladder used to enter and exit the trench was located in an unprotected section of the trench. These conditions resulted in the issuance of two serious citations, with $5,700 in proposed fines. A serious violation is one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard. The inspection also found that the "competent person" on site -- the person with both the knowledge to spot hazards and the authority to correct them -- failed to ensure that adequate protection was provided for the workers in the trench. Since John Rocchio Corp. had been cited for a similar violation in February 2002, OSHA issued a repeat citation with an $8,400 proposed fine. John Rocchio Corp. has 15 business days from receipt of its citations and proposed penalties to elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by the OSHA's Providence, R.I. area office. The telephone number is (401) 528-4669. The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov. ###
The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029. |
| NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only. |
|
OSHA News Release - (Archived) Table of Contents |