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OSHA News Release
Region 4

Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.
Region 4 News Release: 06-1358-ATL (187)
Date: Thursday, September 07, 2006
Contact: Powell McDonald Dan Fuqua
Phone: (954) 424-0242 (404) 562-2078

OSHA Cites Fort Myers, Fla., Company for Trenching Hazards at Naples Work Site
Proposed Penalties Total $55,000

FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited K.E.R. Enterprises, Fort Meyers, Fla., following a trenching safety inspection at a Naples, Fla., work site. The agency is proposing penalties totaling $55,000 for the company, which does business as Armadillo Underground.

"Trench safety standards must be followed to protect workers from life-threatening hazards," said Luis Santiago, OSHA's area director in Fort Lauderdale, Fla. "Trenching remains one of the most hazardous jobs in construction, and it's our goal to ensure that workers are safe."

The agency issued two willful citations to the company with proposed penalties of $55,000, alleging that employees were allowed to work in a 7-foot-deep excavation where there was evidence of a potential cave-in. The company was also charged with failure to protect workers from potential cave-ins.

OSHA issues a willful citation when an employer has shown intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

The company has 15 days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by staff from OSHA's area office in Fort Lauderdale, located at Jacaranda Executive Court, Building H-100, 8040 Peters Road, phone (954) 424-0242.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


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