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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

Nebraska Construction Company Cited After Trench Collapse

Two workers were seriously injured.

T.H. Construction Co. was in willful violation of OSHA's safety standards after a trench collapse left two employees seriously injured.

The company failed to use protective systems to prevent a collapse at a Lincoln, Neb. construction site.

“Compliance with trenching and excavation regulations is not optional,” said OSHA Omaha, Neb. Area Office Director Jeff Funke. “Employers are legally required to use appropriate protective systems to ensure that workers are not injured.”

The workers suffered injuries when a portion of the trench wall caved in as they repaired fiber optic cable. A third employee escaped injury. 

OSHA investigators issues one willful violation and a total of $106,078 in proposed penalties following an investigation into the incident.

“Compliance with trenching and excavation regulations is not optional,” Funke said. “Employers are legally required to use appropriate protective systems to ensure that workers are not injured.”

The company has 15 business days to comply, request an informal conference with OSHA’s area director or contest the findings.

The agency recently updated the National Emphasis Program on preventing trenching and excavation collapses, and developed a series of compliance assistance resources to help keep workers safe from these hazards. 

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