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Region 6 News Release: OSHA-05-1376-DAL
Thurs., July 21, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221


OSHA Proposes $40,000 in Penalties Against Little Rock Construction Company

ALEXANDER, Ark. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Flynco Inc., Little Rock, Ark., and proposed penalties totaling $40,000 for exposing employees to excavation hazards.

"Employers must take necessary precautions to protect employees from workplace hazards," said Paul Hansen, OSHA's area director in Little Rock. "Fortunately, no one was injured in this case."

OSHA citations against Flynco alleged one willful and two serious violations following an inspection begun April 8 by the agency's Little Rock district office. The inspection took place as part of OSHA's national emphasis program aimed at preventing trenching and excavation accidents. The company employs about 38 workers, 12 of whom were working at the Alexander worksite.

The willful citation was issued for failing to provide sloping and benching in the trench. A willful violation is defined as one committed with an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act.

The serious violations included failing to ensure excavated material was stored at least two feet from the edge of the excavation and failing to have a competent person at the worksite if an emergency were to occur. A serious violation is one in which there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Flynco has 15 working days from receipt of the citations to comply, request an informal conference with OSHA's Little Rock area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers or workers who have questions concerning safety and health may contact the Little Rock Area Office at (501) 324-6291 or OSHA's toll-free hotline at 1-800-321-6742. For free job safety consultation services offered by the Arkansas Department of Labor, call (501) 682-4520.

Employers are responsible for providing a safe and healthful workplace for their employees. 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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U.S. Labor Department releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.


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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