US Dept of Labor

Occupational Safety & Health AdministrationWe Can Help

OSHA News Release - (Archived) Table of Contents
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
Trade News Release Banner Image

Region 4 News Release:    07-1413-ATL (251)
Sept. 24, 2007
Contact: Dan Fuqua     Michael Wald
Phone: (404) 562-2078     (404) 562-2076


U.S. Department of Labor's OSHA proposes $58,800 in fines against Gainesville, Ga.-based Dutton Grading for safety violations at Atlanta site

ATLANTA -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed penalties of $58,800 against Dutton Grading of Gainesville, Ga., for four alleged safety violations. The inspection occurred at a company worksite in southwest Atlanta as part of OSHA's National Emphasis Program on trenching and excavation, one of the most hazardous operations in construction.

"Trench cave-ins occur quickly with little time for employees to react and often with deadly results," said Andre Richards, director of OSHA's Atlanta-West Area Office. "OSHA treats this problem as serious, and employers who continue to ignore safety standards will face increasingly stiffer penalties."

OSHA issued one willful violation with a penalty of $40,000 for allowing employees to work in a trench that was improperly sloped and lacked a protective system. OSHA issues a willful citation when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

OSHA issued two repeat violations with penalties of $16,000 for failing to train employees on trenching and excavation hazards and failing to provide a ladder or other means for employees to climb out of the trench should a cave-in occur.

The agency also issued a serious violation with a $2,800 penalty for placing a spoil pile at the edge of the trench that could allow material to fall or roll back into the trench and onto employees.

The company has 15 working days from receipt of the citations to contest them and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone (770) 984-8700.

OSHA operates a vigorous enforcement program, conducting more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces 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.


###


U.S. Department of Labor 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. 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

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.

Close