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Region 6 News Release: OSHA-05-1921-DAL
Tuesday, Oct. 4, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

Improper Excavation Procedures Contribute to Death of Construction Worker
OSHA Fines Texas Firm $108,500 Following Lubbock, Texas, Trenching Accident

LUBBOCK, Texas -- -- A Texas construction contractor faces a proposed fine of $108,500 following a trenching accident that claimed a worker's life, the Occupational Safety and Health Administration (OSHA) announced today.

Utility Contractors of America LLC, Lubbock, Texas, a construction company headquartered in Wolfforth, Texas, was cited for two alleged willful and seven alleged serious violations for not protecting employees involved in excavation work from cave-in hazards. The fatal accident occurred April 5 when the walls of a 33-foot deep trench collapsed at the company's worksite in Lubbock.

"OSHA has standards to prevent trenching accidents, and we are enforcing these standards aggressively," said John Miles, OSHA's regional administrator in Dallas. "In this instance, the company did not ensure that employees were working within the protective system designed to safeguard workers from potential cave-in hazards."

The willful citations were issued for failing to instruct employees to remain within the confines of a trench shield while working inside the excavation and to provide them with an adequate surface with guard rails while walking over the excavation. A willful citation is issued for violations committed with disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and regulations.

The serious violations included failing to: ensure workers did not use the track hoe bucket to access trenches; provide a ladder within 25 feet of the excavation area; provide adequate protection from overhead loads while installing sewer piping; ensure that a competent person was at the site in the event of a cave-in, and follow manufacturer's instruction on the use and limitations of trench protective systems. OSHA defines a serious violation as one in which there is a substantial probability that death or serious physical harm could result from a hazardous condition about which the employer knew or should have known.

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

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Lubbock office at (806) 472-7681 or OSHA's hotline number at 1-800-321-6742 to report workplace accidents, fatalities or situations posing an imminent danger to workers.

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

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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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