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Region 4 News Release: 11-1817-ATL (016)
Jan. 19, 2012
Contact: Michael Wald Michael D'Aquino
Phone: 404-562-2078 404-562-2076
Email: d'


Georgia contractor cited by US Department of Labor's OSHA for knowingly
exposing workers to cave-in hazard; nearly $54,000 proposed in fines

MARIETTA, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited K.M. Davis Contracting Co. Inc. of Marietta with one willful safety violation for exposing workers to a cave-in hazard at a Marietta work site. Proposed penalties total $53,900.

OSHA inspected the site in August as part of the agency's national emphasis program on trenching and excavations. The city of Marietta contracted K.M. Davis to install 2,700 feet of new water lines and fire hydrants on North Cobb Parkway. The violation involves allowing employees to work in a trench approximately 9 1/2 feet deep without cave-in protection. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

"Management knew the excavation and soil conditions posed a hazard to the workers in the trench but chose not to protect them, although a protective system was available at the job site," said Andre Richards, director of OSHA's Atlanta-West Area Office.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on hazards and safeguards related to trenching and excavation is available online at

The water, sewer and utility line contractor has 15 business days from receipt of the citation and proposed penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Atlanta-West office at 678-903-7301.

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 ensure 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.


U.S. Department of Labor news materials are accessible at The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.