Another Trenching Citation?

I don't get it. OSHA put Excavation & Trenching into a National Emphasis Program years ago but contractors don't seem to understand that they are serious about the hazards of working below grade. "It ain't rocket science" but it takes some thought.

OSHA reported again this week that a contractor (this one in Georgia) was cited for trenching violations to the tune of $124,250! According to OSHA, they are "citing McLendon Enterprises Inc. of Vidalia with six workplace safety violations and proposing $124,250 in penalties.

The citations come after an OSHA compliance officer observed company employees working in a trench without cave-in protection at a jobsite in Hinesville, Ga., last September.

OSHA is proposing three willful violations against the company, carrying proposed penalties of $38,500 each, for allowing workers inside an and 11-foot-deep trench without safe egresswithout cave-in protection. While in the trench, workers were exposed to being struck or engulfed by soil placed too close to the trench and by an excavator that was operating too close to the edge of the trench. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Three serious safety violations with combined proposed fines of $8,750 are for the company's failure to train a non-English speaking employee in trenching hazards, allowing employees to work in a trench without head protection and allowing an employee to use a cutoff saw without wearing eye protection. A serious citation is issued when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"Excavation is recognized as one of the most hazardous construction operations," said John J. Deifer, OSHA's area director in Savannah, Ga. "The significant fines proposed here reflect the fact that this company knew the OSHA rules yet chose not to follow them. It is fortunate in this case that no one was injured."

And I'll bet that there was no "competent person" on site either! And let's not forget that we as employees have the right to refuse to put ourselves in harm's way. I know it's tough to put your job at risk by refusing to work in an unsafe trench. Even though it is your right by law to refuse, you think "I need this job." But, you need your life more!

Come on contractors, get with the program! There is no excuse for ignoring excavation/trenching safety. Train your workers - make sure you have a competent person and let that competent person do what's right!

Here's another one! In Niagara Falls, NY last week, "proposed $43,050 in fines against Custom Crews Inc., a Lockport, N.Y., contractor, for allegedly failing to provide cave-in protection for employees working in an unprotected 5 foot, 8-inch-deep trench located at 1925 Main St. in Niagara Falls, N.Y."

"OSHA issued the company one willful citation with a $42,000 fine for not guarding the trench against a possible collapse of its sidewalls and one serious citation with a $1,050 fine for not having a ladder or other safe means for workers to exit the trench. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health, while a serious citation is issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

"Warmer weather and the thawing of the soil means an increase in excavation work," said Dube. "Before that happens, I'm calling upon the region's employers to review their excavation safety procedures to ensure that no employee enters an excavation unless and until it is properly guarded against collapse."

That's good advice! Review your excavation / trenching safety procedures or get one if you don't have one! Make sure you train a competent person and that he/she trains you workers in hazard recognition and make sure that you tell them that it's okay to report hazards!

Want to know more about construction excavation and trenching? Need a good handout for your training program?

This booklet is designed as a desk reference for safety professionals and jobsite superintendents/foremen when dealing with Trenching & Excavation issues on their jobsites. It also serves well as a hand-out companion for trenching and excavation training sessions or for the trenching and excavation portion of an OSHA 10 or 30 hour course. Click Here for details.