Release Number: 10-274-SEA (10-64)
March 9, 2010
Contact: Michael Shimizu or Jeannine Lupton
US Department of Labor's OSHA cites Bowman's Inc. following trenching fatality at Pocatello, Idaho, worksite
SEATTLE -- The U.S. Department of Labor's Occupational Safety and Health Administration's Boise Area Office has cited Bowman's Inc. of Mountain Home, Idaho, for violations of the Occupational Safety and Health Act related to unsafe working conditions in trenches, resulting in a fatality at a Pocatello, Idaho, worksite.
"Unprotected trenches can become deathtraps in an instant when cave-ins occur," said Richard S. Terrill, OSHA's regional administrator in Seattle. "This employer did not take the necessary steps to address hazards ahead of time and to educate employees on safe trench operations."
OSHA's investigation following the death of a pipe layer buried in a trench on Sept. 16, 2009, found two alleged willful and three alleged serious violations.
The willful violations involve a foreman who was aware of the hazardous conditions and failed to act, and failing to provide cave-in protection for employees working outside the trench shield. OSHA issues a willful citation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.
The alleged serious violations are for failing to protect workers exposed to an unsupported, exposed active gas line; failing to provide a ladder for access and exit of employees working outside of the trench shield; and improper use of the trench shield.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available on OSHA's Web site at http://www.osha.gov/SLTC/trenchingexcavation/index.html.
Penalties total $44,500. Bowman's Inc. has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Boise, Idaho, or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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