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Region 8 News Release: 09-1090-DEN
Sept. 11, 2009
Contact: Jeremy Eggers   Rich Kulczewski
Phone: 303-844-1299   303-844-1302

U.S. Labor Department's OSHA cites Spaccamonti Excavating Inc. in Pueblo, Colo., for alleged safety violations

ENGLEWOOD, Colo. -- The U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) Englewood Area Office has proposed $40,000 in penalties against Spaccamonti Excavating Inc. in Pueblo, Colo., for alleged trenching violations.

OSHA's investigation disclosed one alleged willful and three alleged serious violations following an inspection at a worksite in Pueblo West, Colo.

"Trench operations are inherently dangerous," said Greg Baxter, OSHA's regional administrator in Denver, Colo. "The procedures for protecting trench workers are easy enough to implement, but what's required first is employer and employee dedication to workplace safety and health."

The alleged willful violation relates to the lack of protective systems required for trench operations. OSHA issues a willful citation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The alleged serious violations relate to poor egress procedures from the trench, failure to provide proper training for trench operations and placing excavated materials too close to the edge of the trench. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

Spaccamonti Excavating has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Englewood, or contest the findings before the independent Occupational Safety and Health Review Commission.

For more information specific to trench safety, visit http://www.osha.gov/SLTC/etools/construction/trenching/mainpage.html.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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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. 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.
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