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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
The Occupational Safety and Health Administration (OSHA) today issued
citations with proposed penalties totaling $232,200 against Marbell, Inc., a
Carlstadt, N.J., excavation contractor for allegedly subjecting employees to
potentially life-threatening conditions during trenching for sewer and water
mains.
"OSHA's swift action in this case may very well have avoided a fatal
accident," said Secretary of Labor Alexis M. Herman. "I am committed to
ensuring that workers are safe on their jobs, and are not forced to choose
between their lives and their livelihoods."
Charles N. Jeffress, assistant secretary for occupational safety and
health, noted that OSHA has cited Marbell for numerous similar violations
related to trenching hazards during the past decade.
"Trench collapses continue to be a prominent cause of death and injury
in construction," Jeffress said. "Stiff penalties are warranted to deter
Marbell and other employers from continuing to expose workers to such dangers."
OSHA began its inspection in April after the Roxbury Township Police
Department told OSHA officers had observed a dangerous situation at the
trenching site. The police department is a partner in Parsippany's Highway
Construction Partnership Project, which seeks to reduce construction hazards.
The police referral warned that Marbell employees were working in a
seven-foot trench in Roxbury Township without proper protection against
collapse. Both state and local officials told OSHA they had repeatedly warned
the contractor about exposing the workers to such dangers.
OSHA cited the contractor for five willful violations involving failure
to place protective systems in trenches deeper than five feet (one for each day
workers were exposed to the danger). Proposed penalties for the alleged willful
violations amounted to $210,000.
The company was also cited for one repeat violation for failing to
provide a proper exit from the trench. The company was previously cited for a
similar violation in September 1997, for work performed in Long Valley, N. J.
The alleged repeat violation carries a proposed penalty of $8,400.
Marbell was also cited for four serious violations for:
- not providing hard hats to employees;
- not providing proper protection from an undermined road surface;
- not preventing water from accumulating in trenches; and
- not protecting utility lines when working with heavy equipment.
The serious violations carry a total proposed penalty of $13,800.
Patricia K. Clark, OSHA regional administrator, said Marbell has been
cited 27 times since 1991 for willful and serious trenching safety violations
at various sites where the contractor worked. "We intend to see that this
employer is brought into compliance with OSHA regulations by proposing close to
the maximum penalties permitted by statute for these most recent violations,"
Clark said.
Willful violations are those committed with an intentional disregard of,
or plain indifference to, the requirements of the Occupational Safety and
Health Act and regulations.
A serious violation is defined as one in which there is a substantial
probability that death or serious physical harm could result, and the employer
knew or should have known of the hazard.
A repeat violation is one for which an employer has been previously
cited for the same or a substantially similar condition, and the citation has
become a final order of the Occupational Safety and Health Review Commission.
Marbell has 15 working days to contest the citations and proposed
penalties before the independent Occupational Safety and Health Review
Commission.
Archived News Release--Caution:
information may be out of date.
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