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Region 2 News Release:     04-866 (OSHA 04-142)
Tues., May 11, 2004
Contact: Contact: Kate Dugan
Office: (215) 861-5101


OSHA Cites Employer For Exposing Workers To Excavation Hazards

PARSIPPANY, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today issued citations and proposed penalties to V.DiIorio & Son, Inc., of South Plainfield, N.J., for allegedly exposing employees to cave-ins while working in a seven-foot deep unprotected trench at a jobsite on Route 46 West.

"To ensure that injury an illness rates continue to decline, we must make sure that employers protect employees from workplace hazards," said U.S. Labor Secretary Elaine L. Chao. "The significant penalty of $112,500 in this case demonstrates the Administration's commitment to protecting the health and safety of American workers."

The inspection was initiated on Oct. 30, 2003 in response to an imminent danger referral from a New Jersey state trooper who was controlling traffic at the jobsite. The trooper had taken a safety course that OSHA provides to law enforcement personnel and recognized the hazard.

Two citations for alleged willful violations, with a proposed penalty of $112,500, were issued because of the company's failure to protect employees from cave-ins with an adequate protective system and failure to place and keep the excavated soil from falling into the trench where employees were working.

Willful violations are those committed with an intentional disregard or plain indifference to the requirements of the Occupational Safety and Health Act. The company has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by OSHA's Parisppany, N.J. office, 299 Cherry Hill Rd., Suite 304, 07054, telephone (973) 263-1003.

The U.S. Labor Department's Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and promoting the health and safety of America's workers. In fiscal year 2002, the most recent year for which data have been published, there was a 6.6 percent decline in work-related fatalities in the U.S. For more information, visit www.osha.gov.



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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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy.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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