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OSHA News Release - Table of Contents

DOL Logo OSHA Regional News Brief – Region 8

U.S. Department of Labor

Sept. 23, 2015

Cave-in protection failures cited after excavation collapse in Missoula
OSHA cites two construction contractors for nine violations; penalties total more than $151K

Employers' names: Glennco Excavating Inc. and Labor Ready Northwest Inc.

Citations issued: Sept. 17, 2015

Investigation findings: The U.S. Department of Labor's Occupational Safety and Health Administration's Billings Area Office cited Glennco Excavating for one willful, two serious, and three repeat violations. The employer was cited for lack of adequate cave-in protection, for not removing employees from the excavation when cave-in hazards were present, and for the lack of adequate training. Violations also include lack of head protection and failure to support undermined sidewalks and pavement. The agency cited temporary staffing agency Labor Ready Northwest for three serious violations for lack of adequate training, no safe means of egress in excavations, and inadequate cave-in protection.

OSHA initiated the March inspection at a Missoula construction site as part of its National Emphasis Program for Trenching and Excavations after receiving a complaint alleging an employee had been partially buried when an excavation collapsed.

Proposed penalties: Glennco Excavating Inc. was fined $130,200 and Labor Ready Northwest Inc. was fined $21,000.

Quote: "Temporary staffing agencies and host employers share control over workers, and are therefore jointly responsible for their safety and health. These employers did not exercise their ultimate responsibility," said Art Hazen, OSHA's acting area director in Billings. "Just because you hire a temporary employee does not mean that you can assume that the temporary employer has addressed all safety concerns and requirements, and the same can be said for the temporary staffing agency."

Link to the citations:
Glennco Excavating Inc.: https://www.osha.gov/ooc/citations/GlenncoExcavatingInc.1053419.pdf
Labor ready Northwest Inc.: https://www.osha.gov/ooc/citations/LaborReadyNorthwestInc.1053438.pdf

The two companies have 15 business days from receipt of the citations to comply, request an informal conference with OSHA, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the Billings Area Office at 406-247-7494.

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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Media Contacts:

Leo F. Kay, 415-625-2630, kay.leo.f@dol.gov
Jose A. Carnevali, 415-625-2631, carnevali.jose@dol.gov

Release Number: 15-1883-DEN (SF-63)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

OSHA News Release - Table of Contents

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