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Region 4 News Release: 11-276-ATL (90)
March 10, 2011
Contact: Michael D'Aquino      Michael Wald
Phone: 404-562-2076      404-562-2078
E-mail: d'aquino.michael@dol.gov      wald.michael@dol.gov

US Labor Department's OSHA cites Dothan, Ala., contractor for safety
violations following worker's death at Enterprise, Ala., construction site

DOTHAN, Ala. – L & K Contracting Co. in Dothan is being cited with five safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration following a cave-in last September at an excavation site in Enterprise. One employee died and another was hospitalized after wet, heavy soil collapsed into a deep trench while the men were installing a sewer pipe.

"An unprotected trench can become a grave in seconds if its walls cave in on workers," said Kurt Petermeyer, OSHA's area director in Mobile. "In this case, the soil was saturated with water, and the company failed to take the necessary measures to effectively protect the workers against this collapse."

OSHA issued three willful citations for the company's failure to take adequate action to protect workers from soil that fell into the excavation, protect workers from hazards associated with water accumulation in an excavation and ensure that workers wore appropriate personal protective equipment while in the trench. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

One serious citation was issued for allowing employees to work inside a trench approximately 10 feet deep without a safe means of exit from the excavation, and one other-than-serious citation was issued for failing to report the fatality to OSHA within the required eight-hour time period. 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 other-than-serious violation is one that has a direct relationship to job safety and health, but in and of itself probably would not cause death or serious physical harm.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. Detailed information on hazards and safeguards related to trenching and excavation is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

The company specializes in the installation of sewer lines in southeast Alabama.

L & K Contracting has been assessed $159,600 in proposed penalties for the citations and has 15 business days from receipt of both to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by OSHA's Mobile Area Office; telephone 251-441-6131. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.


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