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Region 7 News Release: 09-225-KAN
March 10, 2009
Contact: Rich Kulczewski Jeremy Eggers
Phone: 303-844-1302 303-844-1299


U.S. Department of Labor's OSHA cites John Prouty Construction Inc. of O'Neill, Neb., for violations of OSH Act
September 2008 accident killed four workers

OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited John Prouty Construction Inc., O'Neill, Neb., for alleged violations of the Occupational Safety and Health (OSH) Act following an investigation of a trench collapse near Verdel, Neb., that killed four workers Sept. 12, 2008.

OSHA's investigation of the excavation company's site found three alleged willful and two alleged serious violations of the OSH Act.

"There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring."

The willful violations stem from the company's failure to instruct employees in recognizing and avoiding unsafe conditions when working in a trench and not having a cave-in protection system. Furthermore, excavated spoils and other equipment were not kept 2 feet from the trench edge. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations stem from the lack of hard hat use by employees where an overhead hazard existed as well as failure to provide safe access into and egress from a trench greater than 4 feet in depth. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.

OSHA has proposed $201,600 in penalties against the company. John Prouty Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote 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. 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 (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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.
OSHA News Release - Table of Contents

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