Inspection Detail
Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.
Inspection: 1628729.015 - Er Plumbing And Construction Inc.
Inspection Information - Office: Oakland District Office
Site Address:
Er Plumbing And Construction Inc.
3322 Baumberg Ave.
Hayward, CA 94545
Mailing Address:
2346 E. 20th Street, Oakland, CA 94601
Union Status: NonUnion
SIC:
NAICS: 238220/ Plumbing, Heating, and Air-Conditioning Contractors
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 03/29/2023
Emphasis: N:Trench, S:Permit
Case Closed:
Type | Activity Nr | Safety | Health |
---|---|---|---|
Accident | 1958589 | ||
Inspection | 1639081 | Yes |
Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
---|---|---|---|---|---|---|
Initial Violations | 4 | 1 | 3 | 8 | ||
Current Violations | 4 | 1 | 3 | 8 | ||
Initial Penalty | $51,300 | $0 | $1,800 | $1,085 | $0 | $54,185 |
Current Penalty | $51,300 | $0 | $1,800 | $1,085 | $0 | $54,185 |
FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
# | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
---|---|---|---|---|---|---|---|---|---|---|---|
1. | 01001 | Other | 1509(E) | 03/30/2023 | 05/05/2023 | $325 | $325 | $0 | 04/19/2023 | C - Contested | |
2. | 01002 | Other | 1512(B) | 03/30/2023 | $325 | $325 | $0 | 04/19/2023 | C - Contested | ||
3. | 01003 | Other | 3276(E)(11) | 03/30/2023 | $435 | $435 | $0 | 04/19/2023 | C - Contested | ||
4. | 02001 | Serious | 1541(K)(1) | 03/30/2023 | $16,200 | $16,200 | $0 | 04/19/2023 | C - Contested | ||
5. | 03001 | Serious | 15410001 E01 | 03/30/2023 | $16,200 | $16,200 | $0 | 04/19/2023 | C - Contested | ||
6. | 04001 | Serious | 15410001 H | 03/30/2023 | $9,450 | $9,450 | $0 | 04/19/2023 | C - Contested | ||
7. | 05001 | Serious | 3203(A)(7) | 03/30/2023 | $9,450 | $9,450 | $0 | 04/19/2023 | C - Contested | ||
8. | 06001 | Repeat | 3395(H)(1) | 03/30/2023 | 05/05/2023 | $1,800 | $1,800 | $0 | 04/19/2023 | C - Contested |
Investigation Summary
At 10:30 a.m. on October 17, 2022, employees were repairing a high-density polyethylene (HDPE) 8-inch sewer lateral pipe that was approximately 8 feet below grade in the middle of a public city street. On October 14, the employees had excavated the trench to expose the sewer lateral and install shoring. A supervisor was onsite for a portion of the shift when rented equipment and material for the support system was delivered. The rented equipment and material consisted of ten, 5-foot aluminum hydraulic shores with 17-27-inch hydraulic cylinders; eight sheets of 48-inch by 72-inch by 1 1/8-inch plywood sheeting; and five, 5-foot by 10-foot steel plates. On October 17, the employees continued to excavate the trench and were installing the rented shoring while inside of the trench. Employee #1 was on the east face of the excavation and Employee #2 was on the west face of the excavation, each holding plywood sheeting in place, while a coworker outside the trench was getting ready to lower in an aluminum hydraulic shore when the east face of the trench collapsed. Employee #1 was knocked unconscious, engulfed up to his waist in soil, and bleeding from his head with the plywood sheeting pressed against his head. Employee #2 was pushed back by the soil and experienced pain in his chest but was free. The coworker outside of the trench got inside the trench with Employee #2 and tried to dig employee #1 out by hand but were unsuccessful. Emergency Medical Services were contacted and began to rescue Employee #1. Employee #1 was excavated out of the trench, transported to a local medical center, evaluated by a neurosurgical consultant, and deemed to have an un-survivable injury. Employee #1 was declared brain dead on October 18, 2022 at 18:05 hours.
Keywords: Blunt force, Blunt force trauma, Brain, Brain Bleed, Collapse, Engulfed, Excavation, Excavator, Head, Installing, Plywood, Repair, Shoring, Skull, Steel Plate, Traumatic Brain Injury, Trench, Trench Box, Unconsciousness
# | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
---|---|---|---|---|---|---|
1 | 1628729.015 | 42 | M | Fatality | Construction laborers | |
2 | 1628729.015 | 45 | M | Non Hospitalized injury | Construction laborers |