After an inspector from the Occupational Safety and Health Administration (OSHA) observed an employee working unprotected in a 6-foot deep excavation at a worksite in Randolph, a Pembroke-based company now faces over $55,000 in proposed fines. The inspection in December, 2009 revealed that the trench lacks cave-in protection and a safe means for workers to leave the trench. OSHA mandates that any excavation deeper than five feet be protected against collapse.
OSHA has given the construction company two willful citations for the missing ladder and unprotected excavation. The fines total $50,000 for the willful citations. In addition, the company also received two serious citations for the excavator at the trench’s edge and the lack of a high visibility vest for an excavator exposed to vehicular traffic. The fines for the serious citations total. Lastly, the company also received one other-than-serious citation for an incomplete injury and illness log. That citation comes with a $1,200 fine.
The company has 15 business days from receipt of its citations to comply, participate in an informal conference with their area director for OSHA, or contest the findings.
Source: Contractor Digs Up $55K Penalty for Cave-In, Other Hazards, OHSOnline.com, January 9, 2010
Contact a Massachusetts construction accident law firm if you have been injured on the job.