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Region 4 News Release: 10-1196-ATL (540)
Sept. 17, 2010
Contact: Michael D'Aquino    Michael Wald
Email: D'Aquino.Michael@dol.gov   Wald.Michael@dol.gov
Phone: 404-562-2076   404-562-2078

US Department of Labor's OSHA cites Cathcart Contracting Co.
in Florida for exposing workers to cave-in hazards
Willful citations issued, fines total $112,000

LAKE MARY, Fla. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Cathcart Contracting Co. for exposing its workers to cave-in hazards while installing a storm water junction box at its Lake Mary worksite. Penalties total $112,000.

The company is being cited with one willful violation for failing to keep excavated and other material at least 2 feet from the edge of a trench. A second willful citation has been issued to the company for failing to provide a system, such as a trench box, to prevent cave-ins. 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.

"This employer had been renting a trench box designed to protect workers from cave-ins but returned it to cut down on costs," said Les Grove, OSHA's area director in Tampa, Fla.ôRisking the safety of your workers is not an acceptable business decision."

The trench was up to 7 feet deep in places.

OSHA standards require that all trenches and excavations 5 feet or deeper be safeguarded to prevent collapse. Detailed information about excavation hazards and safeguards is available by visiting http://www.osha.gov/SLTC/trenchingexcavation/index.html.

The company, headquartered in Winter Springs, Fla., has 15 business days from receipt of the citations to comply, ask for an informal meeting or indicate that it plans to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's area office, 5807 Breckenridge Parkway, Suite A, Tampa, Fla. 33610; telephone 813-626-1177.

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 http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://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 http://www.dol.gov/compliance.


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