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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
A Pompano Beach, Fla., excavation company is being cited by
the Occupational Safety and Health Administration (OSHA) for failing to slope
or shore a trench that caved in, killing one worker and seriously injuring two
others. Proposed penalties in the case total $448,000--the third highest amount
ever proposed by OSHA in a trenching case.
OSHA cited the company, Richard E. Fowler, Inc., with six
alleged willful and four alleged serious violations that resulted in the
cave-in on Nov. 7, 1996, in Margate, Fla. When the cave-in occurred, four
workers were laying water and sewer lines in the 10-foot deep trench, which was
filled with 12-18 inches of water. As the walls of the trench collapsed, the
worker who was killed and the two workers who were seriously injured were
buried under a heavy chunk of compacted soil and gravel. A fourth worker was
trapped by sandy soil from the sides of the trench and debris that had been
dumped close to the trench edge.
OSHA also cited companies in Pennsylvania and New Jersey
today for trenching violations. In the Pennsylvania case a father and son were
both killed in an accident when the trench they were working in collapsed. In
New Jersey an OSHA inspector observed employees working in an unprotected
trench.
- Alliance Construction Company of Ardmore, Pa., was cited for alleged
violations totaling $145,000 in penalties as a result of an accident on Nov.
13, 1996, in which two workers, a father and son, died. OSHA's inspection was
initiated because of a referral from the local police department.
- Scafar Contracting, Inc., of Newark, N.J., was cited for alleged
trenching violations at a construction site, also last November, with proposed
penalties of $103,000. An OSHA compliance officer observed workers in an
unprotected trench while he was en route to another worksite. Employee
interviews revealed that the employer did not use appropriate trenching
protection devices.
"Because of Fowler's blatant disregard for his employees'
safety, we are proposing the maximum possible penalty for this case," said
Acting Assistant Secretary for Occupational Safety and Health Gregory R.
Watchman. "Let there be no doubt: when workers' lives are at stake, their
safety must come first--not profits or deadlines or convenience." Watchman
indicated that OSHA is considering referring the case to the Department of
Justice for possible criminal prosecution.
Watchman said the OSHA investigation showed that several
people at the site called the dangerous trench conditions to the employer's
attention. Further, several minor cave-ins had occurred earlier in the day,
demonstrating the instability of the trench walls. Yet Fowler failed to alter
the shape of the trench or use a "trench box," a metal cage-like enclosure that
protects trench workers against crumbling trench walls. OSHA's standard
requires sloping or shoring for trenches or shields such as trench boxes to
protect workers. Although the company had been incorporated for less than two
years at the time of the cave-in, the owner told OSHA investigators he had more
than 35 years' experience in the excavation business.
Specifically OSHA cited Richard E. Fowler, Inc., for six
alleged willful violations carrying $70,000 in penalties each, including four
instances of failing to slope or shore a trench (one violation for each
employee exposed in the trench); piling spoils from the digging too close to
the trench edge; and undermining pavement near the trench, increasing the
likelihood of cave-in. OSHA also cited the company for four alleged serious
violations with proposed penalties of $7,000 each for failing to train
employees to work safely, failing to use hard hats, failing to provide a safe
means of exit from the trench and allowing water to accumulate in the trench.
The Fowler trench project involved installing manholes and
laying water and sewer lines through a parking lot to prepare for expansion of
a nursing home. A specially trained rescue squad from the Broward County Fire
Department rescued the survivors and recovered the body of the victim.
In 1985, OSHA established a nationwide special emphasis
inspection program focusing on trenching since it is one of the most hazardous
operations in the construction industry. As part of this effort, the agency has
conducted numerous seminars and information sessions on trenching safety
throughout the country. Proper sloping, shoring and shielding, as required by
OSHA standards, can prevent most trenching accidents. Over the past five years
federal OSHA and states operating their own OSHA programs have conducted more
than 9,400 trenching inspections. Almost 200 of these inspections resulted from
fatalities.
OSHA sponsors a free consultation program through state
agencies or universities that can help construction companies committed to
working safely find the best ways to meet OSHA trenching requirements. In
addition, "Excavations," a 24-page guide to the OSHA trenching standard, is
available for $1.25 (order number 029-016-00167-1) from the Government Printing
Office, telephone (202) 512-1800 or fax (202) 512-2250. This booklet and
additional materials also are available on the Internet at http://www.osha.gov
under "Technical Links," subcategory "Trenching and Excavation." Following this
release is a fact sheet on trenching safety.
Willful violations are those committed with an intentional
disregard of, or plain indifference to, the requirements of the OSH Act and
regulations. A serious violation is defined as one in which there is
substantial probability that death or serious physical harm could result, and
the employer knew or should have known of the hazard. Richard E. Fowler, Inc.,
has 15 working days to contest the citations and proposed penalties before the
independent Occupational Safety and Health Review Commission.
Trenching accidents claim the lives of 75 to 200
construction workers each year. An additional 1,000 workers experience injuries
severe enough to require time off work. Many of these tragedies are unnecessary
and could be prevented if employers followed well-established safe practices.
The Occupational Safety and Health Administration (OSHA) first published
trenching standards in 1971 and updated those requirements in 1989.
Cave-in Causes
Nearly 80 percent of the deaths in trenching work are the
result of cave-ins. Most cave-ins are caused by lack of proper shoring, sloping
or shielding in unstable soil. Vibration from highway traffic or nearby
construction equipment, changes in weather conditions, excess water from rain
or melting snow and excess material piled too near the edge of the trench also
can lead to cave-ins.
Preventing Trench Collapses
Shoring or sloping the sides of trenches reduces the risk
of cave-ins. Another option is to shield workers with a "trench box," a metal
cage with solid metal panels placed against the sides of the trench. The top,
bottom and both ends of the trench box remain open to permit workers to dig in
the trench.
Planning ahead can prevent trench collapses and save
lives. In bidding on jobs, excavators need to consider how they will deal with
construction or highway traffic, nearby structures, the specific soil where the
trench will be dug, surface and ground water, the water table for the area,
overhead and underground utilities and weather.
Designing Effective Protection for Workers
Virtually all trenches must be sloped, shored or shielded.
There are two exceptions: 1) trenches dug entirely in stable rock and 2)
trenches five feet or less in depth dug in soil examined by a "competent
person" (someone who can identify hazards and is authorized to correct them)
who finds no indication of a potential cave-in.
Trench design must take into account soil classification,
depth of cut, water content of soil, changes due to weather or climate,
vibrations or other operations in the area. OSHA standards offer four options
for sloping and four for shoring, including using trench boxes. Some options
must be approved by a registered professional engineer. Excavators must take
special precautions to protect employers during installation and removal of
shoring or bracing.
OSHA standards also require excavators to shore, brace or
underpin structures near trenches such as buildings, walls, sidewalks or
pavements.
Avoiding Other Hazards
Both overhead and underground utilities can pose risks for
excavators. Before beginning to dig, employers must contact the owners of
underground installations to determine the exact locations of these
installations. If digging exposes these installations, they must be removed,
protected or properly supported.
To protect employees against loose rock or soil falling
into the trench, employers must keep the spoil pile (dirt excavated from the
trench) at least two feet back from the edge of the trench. Or retaining
devices can be built at the trench edge to guard workers from objects rolling
into the trench.
Workers must be able to enter and exit the trench safely.
Ladders, steps, ramps or other systems must be provided for trenches four feet
or more in depth. Workers must be no more than 25 feet from the trench exits.
Employers also need to consider other potential risks and
plan ways to guard employees against them. They must be prepared to deal with
hazardous atmospheres, accumulation of water in the trench and the potential
collapse of nearby buildings or other structures if the trench digging
undermines them. Nearby highway traffic or other workers can also pose hazards.
For example, workers digging near highway traffic may need safety vests or
other reflective clothing.
Inspecting the Trench
Once a job is begun, a "competent person" must inspect the
trench daily. On larger jobs, competent persons may be full-time safety
officials. At smaller projects, a supervisor may have this role.
The competent person checks for warning signs of possible
cave-in, weaknesses in protective measures, hazardous atmospheres or other
dangerous conditions. If he or she finds hazards, workers must get out of the
trench until the problems are corrected. Trenches also must be inspected after
heavy rains or nearby blasting or other events that could increase the risk of
cave-in.
Further Help
"Excavations," a 24-page guide to the OSHA trenching
standard, is available for $1.25 (order number 029-016-00167-1) from the U.S.
Government Printing Office, telephone (202) 512-1800 or fax (202) 512-2250.
This booklet and additional materials also are available on the Internet at
http://www.osha.gov under "Technical Links," subcategory "Trenching and
Excavation."
Small businesses can also seek personal assistance from
the free OSHA- sponsored consultation program offered through state agencies or
universities. Consultants help employers establish effective safety and health
programs and address specific hazards identified at the worksite.
Archived News Release--Caution:
information may be out of date.
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