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Region 4 News Release
Release Number: 04-1822-ATL (228)
Wednesday, October 06, 2004
Contact: James Borders     Jo Anne Burgoyne
Phone: (904) 232-2895     (404) 562-2076


OSHA Cites Florida Contractor for Exposing Workers to Excavation Hazards
Agency Proposes $109,000 in Penalties

JACKSONVILLE, Fla. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Ace Constructors Inc. for exposing workers to safety hazards at a Jacksonville construction site.

"Strong enforcement is a key part of this Administration's efforts to reduce workplace injuries and illnesses," said U.S. Secretary of Labor Elaine L. Chao. "The significant penalty of $109,000 in this case demonstrates our commitment to protecting the health and safety of American workers."

OSHA began an inspection of the worksite, located at the intersection of Mill Creek and Lone Star roads, on April 8, after being notified of unsafe conditions. Investigators observed employees exposed to cave-in hazards at two excavated sites.

The agency issued two alleged willful citations, with proposed penalties of $98,000, for failing to provide workers with proper cave-in protection, such as a trench box or proper shoring and sloping; and for placing excavated material too near to the edge of the excavations, exposing workers to being engulfed by falling soil.

The company was also cited for allegedly failing to provide proper protective equipment, such as rubber gloves and boots, to employees working in an excavation where raw sewage and rainwater had accumulated. Employees were also allegedly exposed to "struck-by" hazards from soil-filled buckets being lifted over their heads and from excavating machinery operating too close to the edge of the excavation. The agency has proposed penalties totaling $11,000 for these violations.

A willful citation is issued when a company has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. Several company employees at this site had taken OSHA-approved trench safety courses, were designated as competent persons, and were aware that workers were exposed to serious safety hazards.

The Gainesville-based company has 15 working days to contest the OSHA citations and proposed penalties before the Occupational Safety and Health Review Commission. The worksite inspection was conducted by staff from OSHA's Jacksonville area office, located at 1851 Executive Center Drive, Room 227; phone: (904) 232-2895.

The U.S. Labor Department's Occupational Safety and Health Administration conducted almost 40,000 inspections in fiscal year 2003, an increase of more than 2,000 over fiscal year 2002 inspection levels; more than half focused on high-hazard industries. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. 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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