OSHA Fines Chicago-Area Contractor $60,600 for Trenching Hazards

Feb. 14, 2011
OSHA has issued Doherty, Giannini & Rietz Construction Inc., an underground contractor located in Bensenville, Ill., one willful and one repeat safety citation for failing to protect workers from cave-ins during trenching operations at a Chicago, Ill., jobsite. The company faces proposed penalties of $60,600.

“Cave-ins are a leading cause of worker fatalities during excavations,” said Gary Anderson, OSHA’s area director in Calumet City, Ill. “This is the fourth time in recent months that OSHA has issued citations to this contractor related to the cave-in protection standard. Workers’ safety should be paramount on a jobsite, and OSHA is committed to protecting workers, especially when employers fail to do so.”

The willful citation alleges that a Doherty, Giannini & Rietz Construction employee was working in a trench at a depth greater than 6 feet without cave-in protection during a December 2010 inspection. A trench box was present on the site but not installed in the trench. The inspection was conducted under an OSHA national emphasis program on trenching and excavation. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

The company was issued the repeat citation for failing to establish a safe work zone as regulated by the U.S. Department of Transportation’s manual on uniform traffic control devices. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last 5 years.

The company has been inspected by OSHA 27 times since 1988, resulting in 16 prior citations for lack of cave-in protection at various worksites. Four of those violations have been issued since June 2010, including the citation from the December inspection.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards, adopted by OSHA in the 1980s, is available on the agency’s website at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Doherty, Giannini & Rietz Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

About the Author

Sandy Smith

Sandy Smith is the former content director of EHS Today, and is currently the EHSQ content & community lead at Intelex Technologies Inc. She has written about occupational safety and health and environmental issues since 1990.

Sponsored Recommendations

March 13, 2025
Learn about the main differences between OHSAS 18001 and ISO 45001, and how ISO 45001 takes a proactive approach to prevent work-related incidents. Find out why businesses should...
March 13, 2025
Avetta is a leader in contractor management, and with over 15 years of industry experience, we can help you establish a robust contractor pre-qualification program that aligns...
March 13, 2025
EQT commits to supporting Avetta in its ongoing growth and innovation journey.
March 13, 2025
Learn OSHA workplace lighting requirements to enhance safety, productivity, and quality. Discover standards, compliance benefits, and risks of non-compliance.

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!