Worker Death: Employer Faces $260K in Penalties

The Department of Labor’s Occupational Safety and Health Administration (OSHA) has determined that a Texas contractor permitted a safety lapse that led to the death of an employee.

The agency has proposed penalties totaling $260,848 against CMD Contractors, Inc., which it identified as the employer.

The employer is a general contractor that provides heavy construction, earthwork, site work and utility infrastructure projects.

The contractor was retained by the city of El Paso to do pipework for a waterline replacement project.

OSHA found that a pipe layer was permitted to work in an excavation that did not have an appropriate protective system.

The trench where the pipe layer was working collapsed, and a piece of asphalt fell and caused a severe injury.

The pipe layer later died at a hospital.

Worker Death Leads to Proposed Penalties

“Despite repeated citations and warnings about the dangers of unprotected trenches, CMD Endeavors has ignored the hazards for nearly a decade, and now an employee has lost their life,” explained OSHA Area Director Diego Alvarado, Jr. in El Paso, Texas. “Rather than protecting its workers from this workplace hazard, the company did nothing to prevent this tragedy and leaves a family, friends and co-workers to grieve a needless loss.”

OSHA decided to issue citations to the contractor for one willful violation and one serious violation. It also issued citations for two repeat violations that were related to the lack of proper systems to:

• prevent the cave-in of trenches
• stop materials from falling into trenches
• make sure there was a trench exit within 25 feet
• support adjacent pavement.

It proposed penalties totaling $260,848.

The contractor has 15 days after its receipt of the citations to choose between:

• agreeing to comply
• requesting an informal conference, or
• deciding to contest the findings before the Occupational Safety and Health Review Commission, an independent entity.

OSHA advises that to prevent trench cave-ins, employers should either:

• slope or bench trench walls
• shore trench walls with supports, or
• shield trench walls with trench boxes.

Additional tips from OSHA regarding trench work include:

• Making sure there is a safe way to enter and exit
• Keeping materials away from the edge
• Examining the area for standing water or other atmospheric hazards, and
• Making sure that the trench has been inspected properly before entering.