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| NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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 6 News Release: OSHA-03-801-DAL Wed., Nov. 26, 2003 Contact: Diana Petterson or Elizabeth Todd Phone: (214)767-4776, Ext. 222 or 221 OSHA Cites Circle "C" For Trenching and Excavation Hazards DALLAS -- Failure to protect employees from potential trenching and excavation hazards has brought Circle "C" Construction Co. of Fort Worth $159,600 in proposed penalties from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). Circle "C" Construction Co., which employs about 107 workers, was cited with two alleged willful, six alleged serious and one alleged repeat safety violations following an OSHA inspection on May 29 at the company's worksite on Granbury Road in Fort Worth. At the time of the inspection, a worker was in an 11-foot-deep trench trying to uncover a ruptured water main when the trench began filling with water, and no equipment was on site to pump the water out. "This Administration is committed to protecting workers from such accidents, and this significant fine of $159,600 demonstrates that we will vigorously enforce safety standards," said U.S. Secretary of Labor Elaine L. Chao. OSHA's Fort Worth Area Director Dean Wingo noted that Circle "C" Construction has had 17 inspections since 1983 and has been cited eight times resulting in penalties totaling more than $38,000 for similar trenching violations. The alleged willful violations included failing to provide training on trenching hazards and failing to provide cave-in protection such as shoring or sloping the trench walls. 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 and regulations. The alleged serious violations were for failing to empty water from a trench while an employee was working in it, failing to follow regulations on hydraulic shoring; failing to ensure that a trenching safety plan was in place at the excavation site and failing to ensure that the material and equipment used for protective systems was able to support the intended loads. A serious violation is one in which there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The alleged repeat violation was for failing to properly inspect the trench for safety hazards so workers would not be exposed to injuries or accidents. A repeat violation is defined as a violation of any standard, regulation, rule or order where, upon reinspection, a substantially similar violation is found. Circle "C" Construction has 15 working days from receipt of the citations to comply, request an informal conference with the Fort Worth area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. Employers and employees with questions regarding workplace safety and health standards can call the Fort Worth area OSHA office at (817) 428-2470. OSHA's toll-free hotline may be used to report workplace accidents, fatalities, or situations posing imminent danger to workers. The number is 1-800-321-6742. 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. ### U.S. Labor Department news releases are accessible on the Internet at www.dol.gov. |

| 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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