A Posted: 3:56 PM Feb 25, 2009
Last Updated: 9:51 PM Feb 25, 2009
Reporter: WEAU 13 News
Federal agency is recommending an area excavating business pay a $700,000 fine for workplace safety violations
The Occupational Safety and Health Administration (OSHA) is citing A-1 Excavating of Bloomer for risking workers to potential trench cave-ins. OSHA says it’s citing A-1 Excavating for 11 workplace safety citations for life-threatening violations involving a trenching project in Weston in September 2008.
OSHA says the fine is exceptionally high because the company has so many past violations. The agency says it only issues fines over $500,000 three or four times a year across the country.
OSHA says A-1 Excavating has gotten 38 workplace safety citations since 1982, and has paid $75,000 in fines since 2000. OSHA says A-1 Excavating has 15 days to contest the citations.
Company response to WEAU 13 News:
Todd Pecha, an A-1 co-owner, says the company just found out Wednesday and was very surprised about the amount of the recommended fine. He says they will contest it and says originally, the company was only told of 1 citation last year in Weston and now there are 11.
Pecha says in 40 years, no one ever injured on a trench job for A-1. He does say the trench was not as wide as it should have been. It was only 20 feet wide instead of the 22 feet required.
Here's the full press release from OSHA:
U.S. Department of Labor’s OSHA cites Bloomer, Wis., excavator after inspector witnesses dangerous safety violations during trenching job
WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited A-1 Excavating Inc., Bloomer, Wis., for alleged willful violations of federal workplace safety standards, proposing nearly $700,000 in penalties for numerous life-threatening violations at a trenching operation in Weston, Wis.
In September 2008, OSHA opened an inspection at the excavation job site in Weston after an agency inspector observed employees exposed to cave-in hazards while working in an 8-foot-deep, unprotected trench. As a result of the inspection, OSHA issued six instance-by-instance willful citations to the company for failing to protect employees from cave-in hazards, and five instance-by-instance willful citations for failing to set the spoil pile material excavated from the trench two feet or more from the edge of the excavation.
OSHA defines a willful violation as one committed with intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act.
“It has long been known that cave-in fatalities are entirely preventable,” said Deputy Assistant Secretary of Labor for OSHA Donald Shalhoub. “Any employer who is involved in trenching and excavation can avoid such terrible tragedies by following OSHA’s clear regulations. Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their employees and their families.”
A-1 Excavating Inc. has received 38 OSHA citations since 1982, including at least eight citations for hazards associated with potential cave-ins, and seven citations for having the spoil pile too close to the trench edge.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Appleton, Wis., or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
Detailed information on trenching and excavation safety, including an interactive e-Tool, is available on OSHA’s Web site at www.osha.gov/SLTC/trenchingexcavation/index.html.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA’s role is to promote the safety and health of America’s working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.