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Region 1 News Release:    06-2013-BOS/BOS 2006-340
Thursday, November 30, 2006
Contact: Ted Fitzgerald
Phone: (617) 565-2074


U.S. Labor Department's OSHA Fines Fall River, Mass., Contractor for Cave-In Hazards at Milton Jobsite

BRAINTREE, Mass. -- A Fall River, Mass., contractor faces $25,950 in fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) after a spot inspection found two employees working in an unprotected 6-foot, 7-inch deep trench at a Milton, Mass., water main construction site. C N Corp. was cited for a total of six alleged violations of trenching safety standards.

OSHA inspectors driving by the jobsite at the intersection of Bassett and Granite Streets stopped and opened the inspection upon seeing the apparently unprotected trench. The inspection found that the vertical cut, straight-walled trench had fissures in its walls, water accumulating in its bottom and lacked any form of protection against its walls caving in.

"All excavations five feet or deeper must be protected against collapse," said Brenda Gordon, OSHA's area director for southeastern Massachusetts. "Employers who fail to do so are gambling with the lives of their employees. It takes only a few moments for trench walls to cave in and turn a trench into a grave."

In addition to the lack of cave-in protection and the water accumulation, OSHA found that the sidewalk overhanging the trench had not been supported or removed; excavated material and tools were stored at the trench's edge; the trench had not been inspected by a competent person who could identify and correct trenching hazards; and the workers had not been trained to recognize and avoid such hazards.

As a result of the inspection, C N Corp. was issued one willful citation, with a $21,000 fine, for the lack of collapse protection and five serious citations, carrying $4,950 in fines, for the remaining hazards. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Detailed information about excavation safety, including a trenching "Quick Card," is available for employers and workers on OSHA's Web site at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

The company has 15 business days from receipt of the citations to request and participate in an informal conference with the OSHA area director or to contest the citations before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Braintree area office, telephone (617) 565-6924.

Under the Occupational Safety and Health Act of 1970, 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 working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process 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 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. Call (202) 693-7765 or TTY (202) 693-7755. DOL 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.


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