Region 6 News Release: DOL-OSHA-10-940-DAL
Aug. 12, 2010
Contact: Elizabeth Todd
Phone: 972-850-4710
Email: todd.elizabeth@dol.gov

US Department of Labor's OSHA cites M&G Equipment Group
following worker's death in Alamo, Texas

ALAMO, Texas - The U.S. Department of Labor's Occupational Safety and Health Administration has cited M&G Equipment Group Ltd., doing business as M Construction in Alamo, Texas, with two alleged willful and six alleged serious violations following the death of an employee who was working in a trench installing a storm drainage system.

"A company's failure to protect its workers from cave-ins is simply unacceptable," said Michael Rivera, OSHA's area director in Corpus Christi, Texas. "If OSHA's standards regarding proper trench sloping, shoring and shielding were followed, it is possible this tragedy could have been avoided."

OSHA's Corpus Christi Area Office began its investigation on March 5 at South Tower Road in Alamo. Two willful violations were issued for failure to provide workers with adequate protection from a possible trench cave-in and failure of a competent person to take action where there was evidence of a possible trench cave-in. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.

Serious citations were issued for failure to provide workers with safe egress when working in a trench, keep excavated soil a safe distance from a trench, use a properly designed trench shield, and ensure workers are trained on excavation hazards. A serious citation is issued 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.

Proposed penalties total $53,550. 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 Web site at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

M&G Equipment Group develops commercial and residential construction projects, and employs about 15 workers. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Corpus Christi, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards may contact OSHA's Corpus Christi Area Office at 361-888-3420 or OSHA's toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

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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