Region 1 News Release: 09-1131-BOS/BOS 2009-305
Wed., Sept.23, 2009
Contact: Ted Fitzgerald
Falmouth, Mass., contractor faces more than $69,000 in fines from U.S. Labor Department's OSHA following cave-in at Kingston, Mass., jobsite
BRAINTREE, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Lawrence-Lynch Corp. of Falmouth, Mass., for alleged willful and serious violations of safety standards following an excavation collapse at a worksite at 396 Gifford St. in Kingston, Mass. The construction contractor faces a total of $69,300 in proposed fines.
Lawrence-Lynch Corp. employees were working in a 5.5-feet-deep excavation, connecting a water line to a fire hydrant, when one of the excavation's sidewalls collapsed. One employee was struck by large pieces of unsupported asphalt from atop the sidewall and partially buried. OSHA's inspection found that the excavation lacked any sort of protection to prevent a collapse and that the asphalt had not been removed or supported to prevent it from falling on workers in the excavation.
"This case clearly shows that an unprotected excavation can turn deadly in seconds, trapping and burying workers before they can react or escape," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "While it is fortunate that no deaths occurred this time, worker safety cannot and must never be a matter of chance. Never place an employee in an excavation without collapse protection."
As a result of its inspection, OSHA issued Lawrence-Lynch Corp. one willful citation, with a $63,000 proposed fine, for the unprotected excavation and one serious citation, with a $6,300 fine, for not supporting or removing the asphalt atop the excavation.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. Serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
OSHA standards require that all excavations 5 feet or deeper be protected against collapses before workers enter them. Detailed information on excavation hazards and safeguards is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.
Lawrence-Lynch Corp. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the finding before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Boston South Area Office in Braintree; telephone 617-565-6924.
Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.
U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.