PenaltiesDrivers and carriers would be subject to Federal civil penalties if they are determined to have operated CMVs in interstate commerce when the speed limiting device is 1 not functioning or 2 set at a maximum speed in excess of the maximum specified set speedThey would be subject to Federal civil penalties of up to 2750 for drivers and up to 11000 for employers who allow or require drivers to operate CMVs with speed limiting devices set at speeds greater than the maximum specified

Payne Enterprises Faces Repeat Violations After Worker Fatality

Aug. 8, 2019
The Dayton,Ohio-based plumbing contractor has repeatedly exposed workers to trenching hazards.

On Saturday, April 6, firefighters recovered the body of 43-year-old Dalbert Burton at a residential construction site in Sugarcreek Twp., Ohio.

The Payne Enterprises Inc. employee had been working in a deep trench at a home under construction when a deep trench collapsed.

OSHA immediately launched an investigation into the incident, discovering multiple safety violations. The agency now has fined the company $145,860 as a result.

“Tragedies such as this are preventable when employers comply with safety standards that exist to protect workers from trenching hazards,” said OSHA Area Director Ken Montgomery, in Cincinnati, Ohio. “OSHA regulations require employers to slope, shore, or shield trench walls to prevent cave-ins.”

Dayton, Ohio-based Payne Enterprises is no stranger to OSHA. The agency previously cited the company in 2017, 2018 and in January. 

The most recent investigations which occurred between April 7, 2019 and July 19, 2019 found Payne has repeatedly exposed workers to multiple trenching and excavation hazards. Payne received two repeated violations for not having a competent individual inspect the trench before allowing employees to enter and for failing to install an adequate protective system to prevent the trench collapse.

As a result of Payne's repeated violations, OSHA has placed the company in its Severe Violator Enforcement Program.

The company has 15 business days from July 26 to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

About the Author

Stefanie Valentic

Stefanie Valentic was formerly managing editor of EHS Today, and is currently editorial director of Waste360.

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