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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
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Region 2 BOS 2003-263
Friday, October 3, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074

Failure to Supply Cave-in Protection at Batavia Jobsite Leads to
$73,800 in OSHA Fines for Alden Contractor

BUFFALO, N.Y. -- An Alden, N.Y., construction contractor's failure to protect workers against a potentially fatal cave-in at a Batavia jobsite has resulted in $73,800 in fines from the U.S. Labor Department's Occupational Safety and Health Administration.

Concrete Applied Technologies Corporation, doing business as CATCO, of 1266 Townline Rd., has been cited for alleged willful, repeat and serious violations of the Occupational Safety and Health Act at a water line installation site located at the junction of Routes 5 and 63 in Batavia.

OSHA issued a willful citation, with a fine of $63,000, to CATCO after an inspection found three employees working in an excavation more than six feet deep that was not adequately protected against collapse. OSHA defines a willful violation as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSH Act and regulations.

"Unprotected excavations are among the deadliest hazards in construction for workers," said John Henshaw, assistant secretary of labor for occupational safety and health. "An excavation's sidewalls can collapse without warning, burying workers beneath tons of soil before they can escape. That's why it's imperative that employers supply this basic, commonsense and legally required safeguard."

Two repeat citations, with a total fine of $9,200, were issued for failing to provide a safe means of exiting the trench and for failing to inspect the excavation and adjacent areas for hazards before employees entered the trench. OSHA issues a repeat citation when it has previously cited an employer for substantially similar hazards and those citations have become final. OSHA cited CATCO in January 2002 for similar hazards at a Depew, N.Y., worksite.

A serious citation, with a fine of $1,600, was issued for exposing employees to a fall hazard by failing to supply a safe means for workers to cross over an open excavation. A serious violation exists where there is a substantial possibility that death or serious physical harm can result to an employee.

CATCO has 15 business days from receipt of its citations and proposed penalties to comply with them or request and participate in an informal conference with the OSHA area director. Citations may also be contested before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Buffalo Area Office, located at 5360 Genesee St. Bowmansville, N.Y., telephone (716) 684-3891.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit


The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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