For the fourth time in three years, OSHA has cited Pavao Construction Co. of Dighton, Mass., for allegedly failing to provide cave-in protection for its employees. A total of $66,400 in fines has been proposed following a June 16 OSHA inspection of an excavation at a jobsite.
OSHA's inspection found that two employees were exposed to cave-in hazards while working in a 7-foot, 2-inch deep, straight-wall trench that lacked protection against a possible collapse of its side walls. OSHA had cited Pavao in 2003, 2005, and 2006 for the same type of hazard at jobsites in Norwood, Hingham, and Barnstable, Mass.
"Effective cave-in protection is essential since the walls of a trench can collapse without warning, crushing and burying workers beneath tons of soil and debris before they can react or escape," said Brenda Gordon, OSHA's area director for southeastern Mass. "While it's fortunate that no cave-in occurred in this case, the potential for death or serious injury was clearly present. Failure to provide this vital and required safeguard is gambling with worker's lives and that's always a losing bet."
The company was issued two willful citations, carrying $55,000 in proposed fines, for the lack of cave-in protection and not instructing employees to recognize and avoid trenching-related hazards. Two repeat citations, with $8,400 in fines, were issued for storing excavated materials at the trench's edge and no head protection for employees working in the trench. One serious citation, with a $3,000 fine, was issued for failing to adequately inspect the trench for all unsafe conditions.
OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. A repeat citation is issued when an employer has been cited for a substantially similar hazard and that citation has become final.
OSHA standards require that all excavations five feet or deeper be protected against collapse.
OSHA Fines Contractor Following Electrical Accident
Revoli Construction Company Inc. of North Reading, Mass., faces $49,000 in proposed fines from OSHA following an OSHA inspection prompted by an accident at a Kingston, Mass., worksite.
On Aug. 21, an excavator operated by Revoli Construction struck an overhead energized power line with its boom while it was attempting to lift its bucket. The electrical current passed through the boom and down to the ground where it traveled outward and shocked a nearby police officer.
OSHA's inspection found that the excavator was operated too close to the power line. OSHA standards require that machinery be located and operated a minimum distance of 10 feet from an energized power line unless the line has first been deenergized or otherwise shielded from contact. Failure to do so places employees at risk from electrocution.
"Neither safeguard was utilized even though this employer knows what steps must be taken to protect workers against electrocution," said Brenda Gordon, OSHA's area director for southeastern Massachusetts. "While it's fortunate that no one was killed and no one else injured, this accident should never have occurred in the first place."
As a result, OSHA cited Revoli Construction for one alleged willful violation of safety standards and has proposed a fine of $49,000 for that citation.
NIOSH Begins Study of Construction Worker Falls and Close Calls
NIOSH, the Center to Protect Workers’ Rights (CPWR), and the District Council of Northern New Jersey of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers are collaborating to improve the prevention of falls and close calls in construction. Falls are the number one cause of fatal injuries in construction. Apprentices and journeymen will evaluate two training tools to promote hazard recognition on job sites. Discussions with journeymen ironworkers who have experience with falls and close calls will be used to identify and eliminate working conditions that may contribute to close calls and falls.
OSHA, Association for Sheet Metal and Air Conditioning Contractors Renew Alliance
"We appreciate SMACNA's contributions to our Motor Vehicle Safety and Health Topics page and other materials," said OSHA Administrator Ed Foulke, Jr. "We are pleased to continue working with them to further protect employee health and safety." The signing took place at the SMACNA Council of Chapter Representatives meeting in South Beach, Fla.
"We are enthusiastic about our ongoing alliance with OSHA because it ensures continuity and structure for the development of new safety information and tools to make American workplaces safer. We also welcome the opportunity to share the benefits of the alliance with our members and chapters by encouraging them to seek partnership efforts with OSHA on a state and local level," said Richard J. Cramer, Sr., president of SMACNA.
Both groups will encourage sheet metal and air conditioning construction contracting industries, including small businesses, to increase employee access to safety and health information and training resources.
The alliance will continue to particularly focus on motor vehicle safety, fall protection and personal protective equipment with an emphasis on cuts and eye injuries, and reducing and preventing exposure to amputation and welding hazards. In renewing this Alliance, OSHA and SMACNA recognize that OSHA's State Plan and Onsite Consultation Project partners are an integral part of the OSHA national effort.
Safety Partnership to Help Protect Construction Workers on Health Alliance Hospital Expansion Project in West Chester, Ohio
Mortenson Messer HealthCare Construction, Cincinnati, and OSHA have agreed to form a partnership during the construction of the $207 million first phase of the Health Alliance Hospital expansion project, with the goal of providing a safe work environment for all employees on the project.
"This agreement provides an opportunity for the partners to come together and demonstrate that we all benefit when management, labor and government dedicate themselves to providing a safe and healthful work environment," said Richard Gilgrist, OSHA area director in Cincinnati. "We are confident the cooperative effort will help us to meet our mutual goal to eliminate injuries and fatalities."
The safety partnership will cover the construction of a 370,000 square-foot new hospital and a 90,000 square-foot medical office building near Cox Road on the University Pointe Campus, West Chester, Ohio. Partners in the project will also include all contractors subject to site management on the construction site, and the Ohio On-Site Consultation Program.
The primary goal of the partnership is to reduce or eliminate serious injuries and illnesses and to provide a safe and healthy work environment. Participants will increase the number and use of safety and health programs and best practices among contractors, and will increase the number of workers and supervisors who have completed safety training.
Strategic Partnerships for Worker Safety and Health are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of workers through cooperative relationships with trade associations, labor organizations, employers and employees. Almost 1 million employees and more than 33,000 employers across the U.S. have participated with OSHA in more than 420 Strategic Partnerships since the program began in 1998.
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