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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Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.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: 06-1751-ATL (243)
Date: Monday, October 16, 2006
Contact: Powell McDonald Jo Anne Burgoyne
Phone: (954) 424-0242 (404) 562-2076

U.S. Labor Department's OSHA Cites Fort Myers, Fla., Company for Trenching Hazards at Naples Work Site
Proposed Penalties Total $58,500

FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited John Carlo, a Fort Myers, Fla., underground utilities installation company, following a May 2006 inspection of a trenching project located in Naples, Fla. The agency is proposing penalties totaling $58,500.

"Our inspection was conducted under a special emphasis program to prevent worker injuries and deaths," said Luis Santiago, OSHA's area director in Fort Lauderdale. "We are proposing stiff penalties because this company is being cited for alleged trenching violations similar to those which resulted in a fatal trench collapse in 2004."

OSHA issued one willful citation to John Carlo, with a proposed penalty of $55,000, for exposing employees to a potential cave-in while working in an unprotected trench over seven feet deep. The agency 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 also received one serious citation, with a proposed penalty of $3,500, for failing to provide workers with a safe means of entering and exiting the trench. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazards.

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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