Region 5 News Release: 14-62-CHI
Jan. 23, 2014
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Labor Department's OSHA cites Mike Neri Sewer & Water Contractor
in Illinois for repeatedly failing to protect workers in trench
Company placed in Severe Violator Enforcement Program, faces $150,150 in penalties

ELK GROVE VILLAGE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration again cited Mike Neri Sewer & Water Contractor Inc. for failing to protect workers from cave-ins during trenching operations at a commercial job site in Des Plaines. OSHA initiated the inspection after an inspector witnessed cave-in hazards while traveling past the construction site on July 24, 2013.

"This is the second time in months that OSHA has seen Mike Neri Sewer & Water Contractor exposing workers to dangerous excavation hazards at the same job site," said Nick Walters, OSHA's regional administrator in Chicago. "Employers that continue to ignore safety regulations put their employee's lives at risk. Trenching hazards result in numerous fatalities and injuries every year. Companies specializing in this type of work have a responsibility to protect their workers from known hazards."

OSHA cited the company in April 2013 for the same hazards at this commercial construction site under OSHA's national emphasis program for trenching and excavation. After those citations, the company was placed in the Severe Violator Enforcement Program. In this case, OSHA has proposed additional penalties of $150,150 for the company. The company has not responded to OSHA since the issuance of those citations.

Two willful violations were cited for failing to provide cave-in protection to workers installing a concrete manhole structure in a trench approximately 8-feet deep. The company also failed to ensure that excavated materials that posed a hazard-by falling or rolling into the trench-were placed at least 2 feet back from the trench edge. 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.

OSHA cited two repeat violations for failing to provide training to workers on trenching and excavation hazards, and ensuring that each worker exposed to struck-by hazards was protected by a helmet. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited at the same job site in April 2013.

"Mike Neri Sewer & Water Contractor fails to take adequate safety measures to protect workers from cave-ins at excavation sites, despite previous citations," said Angeline Loftus, OSHA's area director for its Chicago North Area Office in Des Plaines. "OSHA implemented a trenching and excavation special emphasis program in the 1980s. Neri, who has been in this business for decades, should be well aware of the safety regulations for trenching operations and the potential hazards for workers."

OSHA's Severe Violator Enforcement Program mandates targeted follow-up inspections to ensure compliance with the law and focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities or job sites.

The company was cited for three willful and two repeat violations because of an inspection initiated in October 2012 at the same job site. Proposed penalties totaling $110,440 were issued April 2013 .

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

In addition to the inspection conducted in October 2012, Mike Neri Sewer & Water Contractor has been inspected by OSHA three other times in the past five years, resulting in serious, repeat and willful citations related to trenching hazards.

The current citations can be viewed at http://www.osha.gov/ooc/citations/mike_neri_sewer_water_contractor_922610_0121_14.pdf* http://www.osha.gov/ooc/citations/mike_neri_sewer_water_contractor_666698_0402_13.pdf*

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties 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 Chicago North Office at 847-803-4800.

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, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

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