Inspectors from the Occupational Safety and Health Administration drove by the site on October 28, 2008 and noticed employees installing a drain line in the 6-foot, 3-inch deep excavation. The excavations sidewalls were not properly shored to prevent a collapse and workers did not have a ladder or other safe means of exit. OSHA standards require cave-in protection when an excavation is 5 feet or deeper.
Because of these safety concerns, OSHA issued G. Lopes Construction Inc. one willful citation with a proposed fine of $56,000 for the lack of cave-in protection and one serious citation for the absence of a ladder (that proposed fine is $4,000).
The construction company has 15 business days from the time they receive the citation to comply, request a conference with the OSHA area director, or contest the citations and proposed fine.
OSHA Proposes $60,000 in Fines Against Mass. Contractor for Cave-In Hazard, EHSToday.com, April 14, 2009
Our Massachusetts construction accident lawyers can explain your legal options if you have been injured on the job.