Region 4 News Release: 12-1317-ATL (253)
July 5, 2012
Contact: Michael D'Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
Email: d'aquino.michael@dol.gov wald.michael@dol.gov

US Department of Labor's OSHA cites 2 Florida companies for
trenching hazards following worker injury at Bradenton job site

BRADENTON, Fla. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida companies, Major Plumbing LLC and MAPP Construction LLC, for trenching hazards. OSHA opened an inspection after receiving a complaint in January that an excavation sidewall had collapsed and buried a worker, who sustained a broken hip and was hospitalized. The incident occurred while workers were installing two grease traps for a newly constructed Wal-Mart store on Ranch Lake Boulevard in Bradenton.

Major Plumbing has been cited with one willful violation for failing to remove workers from an unprotected 12-foot-deep excavation when it has been identified as unsafe. The citation carries a $56,000 penalty. Additionally, the company has been cited with one serious violation for failing to provide excavation safety training to employees who are required to work in excavations greater than 5 feet deep. That citation carries a $5,600 penalty.

As the controlling employer at the work site, MAPP Construction was cited for one willful violation involving failing to ensure that cave-in protection was provided. The citation carries a $63,000 penalty.

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. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"These employers knew the excavation was not safe and required cave-in protection but failed to take proper action to prevent the worker from being injured," said Les Grove, OSHA's area director in Tampa.

Major Plumbing LLC provides plumbing installation and servicing. Its offices are located in Spring Hill and Clearwater. MAPP Construction is a general contractor engaged in large construction projects for industrial and commercial buildings. The company is based out of Baton Rouge, La., and has a regional office in Orlando.

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 website at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Proposed penalties to both companies total $124,600. The citations can be viewed at
http://www.osha.gov/ooc/citations/MAPP-Construction-316355767-0703-12.pdf*
http://www.osha.gov/ooc/citations/Major-Plumbing-LLC-316355759-0703-12.pdf.*

The companies have 15 business days from receipt of the citations 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 Tampa office at 813-626-1177.

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.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 205-693-7828 or TTY 205-693-7755.

* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.