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Inspection Detail
Inspection: 314069980 - Neill Grading And Construction Company, Inc.
Inspection Information - Office: Nc Department Of Labor - Charlotte
Site Address:
Neill Grading And Construction Company, Inc.
118 Schenck Street
Lawndale, NC 28090
Mailing Address:
P.O. Box 3916, Hickory, NC 28603
Union Status: NonUnion
SIC:1623
NAICS: 237110/Water and Sewer Line and Related Structures Construction
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Health
Close Conference: 04/21/2010
Planning Guide: Health-Construction
Emphasis: L:Commcon, S:Program Improvements
Case Closed: 07/02/2014
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 102099090 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 5 | 2 | 7 | |||
| Current Violations | 5 | 1 | 6 | |||
| Initial Penalty | $56,400 | $84,000 | $0 | $0 | $0 | $140,400 |
| Current Penalty | $18,600 | $26,400 | $0 | $0 | $0 | $45,000 |
| 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 | Willful | 19260021 B02 | 04/21/2010 | 04/29/2010 | $26,400 | $42,000 | $0 | 05/28/2010 | J - ALJ Decision | |
| 2. | 01002 | Serious | 19260651 K01 | 04/21/2010 | 04/26/2010 | $4,200 | $42,000 | $0 | 05/28/2010 | J - ALJ Decision | |
| 3. | 01003 | Serious | 19260652 A01 | 04/21/2010 | 04/26/2010 | $4,200 | $42,000 | $0 | 05/28/2010 | J - ALJ Decision | |
| 4. | 02001 | Serious | 19260100 A | 04/21/2010 | 04/26/2010 | $1,800 | $1,800 | $0 | 05/28/2010 | J - ALJ Decision | |
| 5. | 02002 | Serious | 19260416 A03 | 04/21/2010 | 04/26/2010 | $4,200 | $4,200 | $0 | 05/28/2010 | J - ALJ Decision | |
| 6. | 02003 | Serious | 19260416 A03 | 04/21/2010 | 04/26/2010 | $4,200 | $4,200 | $0 | 05/28/2010 | J - ALJ Decision | |
| 7. | 02004 | Serious | 19260600 A06 | 04/21/2010 | 04/26/2010 | $4,200 | $4,200 | $0 | 05/28/2010 | J - ALJ Decision | Citation has been deleted. |
Investigation Summary
On December 24, 2009, Employee #1 and a coworker were installing an 8-in. sewer line. Coworker #1 was operating a Takeuchi TB175 excavator, and coworker #2 was operating a Deere 200 LC excavator. Employee #1 and coworker #3 entered the excavation trench, approximately 12 ft deep, to install a 14 ft section SDR PVC sewer pipe. One face of the excavation was vertical and the other face was cut back and contained a small bench. The excavation trench did not contain a protective system. After installing the 14 ft section of pipe, Employee #1 and coworker #3 was instructed to assist coworker #1 with replacing a 15-in. storm drain concrete pipe in another section of the trench. Employee #1 was last seen standing in the area between the two excavators, around the section of the trench which had been sloped back, approximately 8 ft deep. Coworker #1 removed a bucket of dirt and swung around, to his left, and dumped the bucket of dirt onto the spoil pile. As he was swung the bucket back around toward the trench, he heard Employee #1 yell and noticed that he was buried in dirt. Employee #1's back was pressed against one face of the trench, buried to his neck. He was extracted, loss consciousness and went into cardiac arrest. Employee #1 died due to blunt trauma to his chest.
Keywords: CHEST, EXCAVATION, COLLAPSE, CONSTRUCTION, TRENCH, CRUSHED, EXCAVATOR, SHORING, CAVE-IN, UNGUARDED
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 314069980 | Fatality | Other | Construction laborers |