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Region 4 News Release: 11-412-ATL (125)
March 29, 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 Department of Labor's OSHA cites Alabama utility installation company
for exposing workers to cave-in hazard, proposes nearly $47,000 in fines

MONTGOMERY, Ala. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Dubose Construction Co. LLC of Mt. Meigs, primarily for exposing workers to potential cave-in hazards while relocating a water valve on Perry Hill Road in Montgomery. Proposed penalties total $46,970.

The company is being cited for one willful safety violation with a proposed penalty of $46,200 for exposing workers to cave-ins while working in an unprotected trench more than 7 feet deep. A willful violation is one committed with plain indifference to or intentional disregard for employee safety and health.

Dubose Construction also has received one other-than-serious citation with a $770 penalty for not certifying the OSHA 300 log of work-related injuries and illnesses in 2008. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"The lack of cave-in protection at this worksite leaves Dubose Construction employees at risk of injury or death," said Kurt Petermeyer, OSHA's area director in Mobile. "Trenching and excavation contractors must abide by OSHA's construction standards to ensure their employees are protected while digging trenches."

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, which specializes in installing underground utilities, sewers and storm drain systems, has 15 business days from receipt of the citations and proposed penalties 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, 1141 Montlimar Drive, Suite 1006, Mobile, AL 36609; telephone 251-441-6131. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency'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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