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Region 4 News Release: 10-1093-ATL (511)
Sept. 02, 2010
Contact: Michael D'Aquino    Michael Wald
Email: D'
Phone: 404-562-2076   404-562-2078

Cave-in hazards at Ariton, Ala., worksite lead to $287,500 in
US Department of Labor OSHA fines for Wiregrass Construction Co.

MOBILE, Ala. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Wiregrass Construction Co. Inc. in Ariton, Ala., with safety violations for exposing workers to excavation hazards while installing a storm water sewer junction box. Penalties total $287,500.

The company is being cited with four willful violations carrying a proposed penalty of $280,000 for exposing workers to cave-in hazards by not having a protective system during excavation. The violations also include failing to keep excavated and other materials or equipment at least 2 feet from the edge of the excavation, and the designated competent person failed to remove the workers from hazardous working conditions. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.

Wiregrass is also being cited with two serious violations carrying $7,500 in proposed penalties. The deficiencies include failing to instruct workers about the risks associated with working inside an excavation and not ensuring workers wear hard hats while exposed to overhead hazards. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"An unprotected excavation with water entering from below can quickly turn into a death trap," said Kurt Petermeyer, director of OSHA's Mobile Area Office. "Despite warnings of these hazards, this employer chose to risk the lives of workers in an effort to avoid additional expenses."

OSHA standards require that all trenches and excavations 5 feet or deeper must be protected against collapse. Detailed information about excavation hazards and safeguards is available online at

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's area office, 1141 Montlimar Drive, Suite 10006, Mobile, AL 36609; telephone 251-441-6131. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-6742.

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 these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit


U.S. Department of Labor releases are accessible on the Internet at 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

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