Region 5 News Release: 10-1358-CHI
Oct. 4, 2010
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-6976
E-mail: allen.scott@dol.gov burke.rhonda@dol.gov

US Labor Department's OSHA cites Ohio-based trenching company
A. Bagnoli and Sons Inc. for safety violations after worker fatality

POLAND, Ohio -- The U.S. Department of Labor's Occupational Safety and Health Administration has cited A. Bagnoli and Sons Inc., a water, sewer and utility excavation company located in Poland, Ohio, with four alleged willful and serious safety violations after one worker was killed and another seriously injured. The incident occurred when part of a 17-foot deep by 65-foot long trench caved in on April 7, in Hudson Ohio, trapping the two workers for more than six hours.

"Cave-in accidents are a leading cause of worker fatalities during excavations, and this was a completely avoidable accident had the company followed all the required OSHA standards. Employees were not adequately protected from cave-ins while working in trenches that reached up to 17 feet deep, and they had no safe way to get out of the trench in case of emergency," said Rob Medlock, OSHA's area director in Cleveland, Ohio. "Company representatives are well aware of OSHA safety requirements while excavating but chose to ignore them, thus putting their workers in unnecessary danger."

OSHA cited A. Bagnoli and Sons with two alleged willful violations for failing to provide proper cave-in protection shields at the excavation site and provide employees with a safe egress while entering and exiting a trench. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.

Additionally, the company was cited for two serious citations with proposed penalties of $4,200 for allowing employees to work under loads lifted by digging equipment and failing to keep excavated materials at least 2 feet from the edge of the excavation area. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. Total proposed fines equal $140,000.

In 1989, A. Bagnoli and Sons was issued one serious citation for a lack of proper trenching protective equipment and a second serious citation for lack of required personal protective equipment.

The company has 15 business days from receipt of the citations and 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.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Cleveland Office at 216-615-4266. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (321-6742).

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 assure 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 releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.