R.I. Contractor Faces Nearly $60,000 in OSHA Fines for Cave-In Hazard

May 21, 2008
OSHA cited J.A.M. Construction Co. Inc. for alleged willful, repeat and serious violations of excavation safety standards at a Newport, R.I., worksite. The Middletown, R.I., contractor faces a total of $59,500 in proposed fines.

The citations and penalties resulted from OSHA's April 15 inspection of a water line installation at the Cluny School on Brenton Road. The inspection found J.A.M. Construction employees working in an excavation deeper than 6 feet that lacked adequate protection against cave-ins. OSHA standards require that all excavations 5 feet or deeper be protected against collapse.

“The hazard here was imminent and potentially deadly,” said Patrick Griffin, OSHA’s area director in Providence. “The walls of an excavation can collapse instantly, burying or crushing employees before they can react or escape. While it is fortunate that no collapse occurred, protecting employees against cave-ins cannot and must never be a matter of luck.”

OSHA consequently has issued to J.A.M. Construction one willful citation, carrying a proposed fine of $49,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The agency also has issued the company one repeat citation, with a $6,000 fine, for storing excavated material less than 2 feet from the edge of the excavation. OSHA had cited the company in September 2007 for a similar hazard at a Middletown jobsite.

Additionally, OSHA has issued J.A.M. Construction two serious citations, with $4,500 in fines, for inadequate support for an undermined stone wall crossing the top of the excavation, as well as no protective helmets for employees working in the excavation. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Detailed information on trenching and excavation safety, including an e-Tool, is available on OSHA's Web site at http://www.osha.gov/SLTC/constructiontrenching/index.html.

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

10 Facts About the State of Workplace Safety in the U.S.

July 12, 2024
Workplace safety in the U.S. has improved over the past 50 years, but progress has recently stalled. This report from the AFL-CIO highlights key challenges.

Free Webinar: ISO 45001 – A Commitment to Occupational Health, Safety & Personal Wellness

May 30, 2024
Secure a safer and more productive workplace using proven Management Systems ISO 45001 and ISO 45003.

ISO 45003 – Psychological Health and Safety at Work

May 30, 2024
ISO 45003 offers a comprehensive framework to expand your existing occupational health and safety program, helping you mitigate psychosocial risks and promote overall employee...

Case Study: Improve TRIR from 4+ to 1 with EHS Solution and Safety Training

May 29, 2024
Safety training and EHS solutions improve TRIR for Complete Mechanical Services, leading to increased business. Moving incidents, training, and other EHS procedures into the digital...

Voice your opinion!

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