Second-degree manslaughter charges have been filed against the owner of a Seattle construction company resulting from a 2016 trench fatality. This marks the first time a workplace fatality in Washington state has prompted a felony charge, according to the Washington Department of Labor & Industries.

On January 5, the company owner was charged by the King County Prosecuting Attorney’s Office, which alleges criminal negligence in the January 2016 death of a worker, who died when the trench he was working in collapsed.

“The evidence shows an extraordinary level of negligence surrounding this dangerous worksite,” said Mindy Young, King County senior deputy prosecuting attorney.

The company was fined more than $50,000 and cited for multiple safety violations in 2016 after an investigation into the incident.

“There are times when a monetary penalty isn’t enough,” Washington L&I Director Joel Sacks said in a Jan. 8 press release. “This company knew what the safety risks and requirements were and ignored them. The felony charges show that employers can be held criminally accountable when the tragedy of a preventable workplace death or injury occurs.”

The owner also faces a gross misdemeanor charge for violating a labor safety regulation with death resulting. His arraignment is scheduled for Jan. 18.

Two workers are killed in trench collapses each month, according to OSHA. The agency states that a cubic yard of soil can weigh as much as 3,000 pounds.

Source: www.safetyandhealthmagazine.com

A month after a 33-year-old worker died while working in an unprotected trench, OSHA inspectors found another employee of the same Missouri plumbing contractor working in a similarly unprotected trench at another job site. OSHA determined that, in both cases, the company failed to provide basic safeguards to prevent trench collapse and did not train its employees to recognize and avoid cave-in and other hazards. OSHA issued 14 safety violations found during both inspections, and proposed penalties totaling $714,142.

Trench collapses are among the most dangerous hazards in the construction industry.

Twenty-three deaths from trench and excavation operations were reported in 2016. In the first five months of 2017, at least 15 fatalities have been reported nationwide.

Gain knowledge, develop skills, and learn to recognize trench hazards by registering for Roco's Trench Rescue course. Our desire is for everyone to return home safely each day, and for this fatality number to not continue to increase.

Source: OSHA QuickTakes July 2017

On 6/30/17, at approximately 4:23 AM, the East Side Fire Department (ESFD) was contacted by the Denham Springs Fire Department (DSFD) to provide technical rescue assistance on the Amite River Bridge just outside the City of Baton Rouge. DSFD requested high angle rescue personnel to aid the fire personnel already on the scene in rescuing a person who had jumped from the Hwy. 190 bridge span. While in route to the incident, East Side personnel were advised that the person who jumped had fallen approximately 40 ft. and had succumb to his injuries. High angle rescue support was still needed to transport the deceased up to the roadway surface.

Upon arrival, East Side Captain Chris Toucey directed personnel in constructing a mechanical advantage system to be utilized during recovery efforts. Captain Toucey also directed personnel in setting up a high-point anchor using the platform on their tower ladder. A stokes basket was lowered to DSFD personnel who packaged the deceased for transport. Once secured, the stokes basket was hauled up to the road surface using a Z-rig mechanical advantage system. The victim was then transferred to awaiting medical personnel.

Roco would like to commend both the Denham Springs Fire Department and the East Side Fire Department for a safe and efficient recovery.

On Oct. 21, 2016, a D&D Construction employee entered a drainage shaft to clean out mud and debris. No personal fall protection was utilized as the worker descended via bucket 10 ft. into the shaft, which was 4.5 ft. in diameter and lined with concrete.

At some point, the worker lost consciousness due to the oxygen deficient atmosphere in the confined space and fell 40 ft., then drowned in a foot of water.

“Cal/OSHA launched a confined space educational program to bring attention to the dangers and preventable deaths that occur in confined spaces,” said Cal/OSHA Chief Juliann Sum in a statement. “The program helps employers identify hazards and create effective safety plans that include air monitoring, rescue procedures and training before work begins.”

General contractor Tyler Development was constructing a single-family residence in the Bel Air area and hired subcontracted D&D Construction to install and service reinforced concrete posts known as caissons on the property, according to the agency’s report.

The state-run occupational safety unit cited Tyler Development and D&D Construction Specialties Inc. a combined $352,570 for ten serious and willful health and safety violations following an investigation. Cal/OSHA said neither company was in compliance with required confined space procedures.

D&D Construction previously was cited in 2012 for similar safety violations at a different job site.

In total, D&D has to pay a proposed $337,700 for 13 violations, including two willful serious accident-related, one willful serious, one serious accident-related, six serious, and three general in nature.

According to Cal/OSHA, the company failed to:
• ensure safe entry into the confined space
• have an effective method to rescue the worker in the confined space in an emergency
• test the environment to determine if additional protective equipment, such as a respirator or oxygen tank, were required to work safely in the shaft.

Tyler Development was cited $14,870 for five violations, three of them serious, for a failure to:
• evaluate the worksite for possible permit-required confined spaces
• ensure that the subcontractor meets all requirements to comply with a permit space program
• protect workers from the hazard of impalement by guarding all exposed reinforced steel ends that extend up to six feet above the work surface with protective covers

A full copy of the report is available here.

As shown in this photo, an engulfment scenario was featured at last year's Rescue Challenge. Be aware...it only takes 5 seconds for flowing grain (or other product) to engulf and trap a worker.

In 60 seconds, the worker is submerged and is in serious danger of death by suffocation. More than half of all workers engulfed die this way. Many others suffer permanent disability.

OSHA has recently issued further warnings on the dangers of working in grain or bulk storage facilities.

An "engulfment" often happens when "bridged" grain and vertical piles of stored grain collapse unexpectedly. Engulfments may occur when employees work on or near the pile or when bin augers whirl causing the grain to buckle and fall onto the worker. The density, weight and unpredictable behavior of flowing grains make it nearly impossible for workers to rescue themselves without help.

"Far too many preventable incidents continue to occur in the grain-handling industry," said Kim Stille, OSHA's regional administrator in Kansas City. "Every employee working in the grain industry must be trained on grain-handling hazards and given the tools to ensure they do not enter a bin or silo without required safety equipment. They must also take all necessary precautions - this includes using lifelines, testing the atmosphere inside a bin and turning off and locking out all powered equipment to prevent restarting before entering grain storage structures."

In 2016, OSHA has opened investigations of the following grain industry fatalities and incidents:

• March 16, 2016: A 42-year-old superintendent at Cooperative Producers Inc.'s Hayland grain-handling site in Prosser, Nebraska, suffered fatal injuries caused by an operating auger as he drew grain from a bin. OSHA cited the company on Sept. 9, 2016, for three egregious willful and three serious violations and placed the company in its Severe Violator Enforcement Program. The company has contested those citations. See news release here.
• March 22, 2016: A 21-year-old worker found himself trapped in a soybean bin, but escaped serious injury at The Farmer's Cooperative Association in Conway Springs, Kansas. Rescue crews were able to remove the worker and he was treated and released at a local hospital. On June 2, 2016, OSHA cited the company for 13 serious violations.
• March 25, 2016: A 51-year-old employee was trapped in a grain bin at McPherson County Feeders in Marquette, Kansas. Emergency crews were able to rescue him. OSHA cited the company for four serious violations on April 14, 2016.
• May 19, 2016: A 53-year-old male employee at Prinz Grain and Feed suffered severe injuries on May 18, 2016, as he worked in a grain bin in West Point, Nebraska. The maintenance worker was in a grain bin when a wall of corn product collapsed and engulfed him. He died of his injuries two days later.
• Sept. 1, 2016: A 59-year-old employee suffered severe injuries to his leg when the sweep auger inside a bin at Trotter Grain in Litchfield, Nebraska, caught his coveralls.
• Sept. 19, 2016: A 28-year-old employee of the Ellsworth Co-Op in Ellsworth, Kansas, had his left leg amputated when he stepped into an open auger well inside a grain bin while the auger was running.

"It is vital that we work with leaders, farmers and those employed in the grain and feed industry to increase awareness of hazards in the grain industry and discuss ways to protect workers on the job," stated an Omaha OSHA official.

We add that it’s critically important for emergency responders to be aware of the dangers they may face in bulk storage facilities. In addition to engulfment, there’s also the risk of dust explosions as well as entrapment from moving mechanical equipment.