Trenching Hazards Put Employer $63,000 in the Hole

Nov. 7, 2001
A Florida employer is cited and fined for trenching violations that put employees at risk of injury or death.

Disney World it ain't.

Exposing employees to trenching hazards at an Orlando job site has led to $63,000 in proposed penalties against BRH-Garver Inc. The Occupational Safety and Health Administration (OSHA) issued willful and serious citations for alleged violation of safety standards following a May 5 inspection of a 29th Street job site.

"Trench walls can collapse quickly and without warning, trapping and possibly killing workers," said Les Grove, OSHA's Tampa area director. "This inspection was conducted under the CARE program after company employees were observed working in an unprotected trench with vertical walls."

OSHA, in response to a growing number of deaths and injuries among Florida's construction workers, began the CARE -- Construction Accident Reduction Emphasis -- program in 1999 with safety training classes held across the state for employers and employees and an increase in inspection activities.

OSHA issued two alleged willful citations, with proposed penalties totaling $56,000, against the pipeline construction company for failing to properly slope or shore the walls of a nine-foot trench and for exposing employees to other cave-in hazards by allowing them to work in an unsafe trench.

The company also received two alleged serious citations with proposed penalties totaling $7,000 for failing to provide employees with a ladder or other safe means for entering and exiting the trench and for allowing excavated material to accumulate along the edge of the excavation.

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. Serious violations are those in which a substantial probability of death or serious physical harm could result, and the employer knew or should have known of the hazard.

Recently, to help small employers comply with OSHA's standards and regulations, the Tampa area office hired a compliance assistance specialist, a position separate and distinct from the agency's enforcement program.

Longwood, Fla.-based BRH-Garver Inc., has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

edited by Sandy Smith

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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