OSHA’s maximum penalty for serious violations will increase from $7,000 to $12,471. The agency’s top penalty for willful or repeated violations will jump from $70,000 to $124,709. OSHA’s maximum penalties have not increased since 1990.

“Civil penalties should be a credible deterrent that influences behavior far and wide,” Secretary of Labor Thomas E. Perez said in a press release. “Adjusting our penalties to keep pace with the cost of living can lead to significant benefits for workers and can level the playing field [for] responsible employers who should not have to compete with those who don’t follow the law.”

OSHA's new penalty levels are scheduled to take effect after August 1, 2016. Any citations issued after this date will be subject to the new penalties if the related violations occurred after November 2, 2015. The interim final rules were announced June 30. Comments on the interim final rules will be due 45 days after the rules are published in the Federal Register. (Source: National Safety Council.)

This helpful new guide provides information for evaluating your rescue team or prospective rescue service based on the requirements of OSHA 1910.146 and 1926 Subpart AA. It includes a Rescue Team Evaluation Checklist from Appendix F and illustrates Confined Space Types 1-6, which is based on criteria from OSHA 1910.146. Roco’s method of categorizing confined spaces by various types can be useful in establishing practice requirements for your rescue service.

Responding in a safe, effective and timely manner to the various types of permit-required confined spaces at your facility is required by OSHA regulations 1910.146 (PRCS) and 1926 Subpart AA Confined Spaces in Construction.

An effective response by your rescue service is crucial to the safety of workers who are tasked with entering confined spaces to perform their job duties.

In order to be prepared, rescue teams can use this chart to plan their practice drills to include all of the various types of confined spaces. Appendix F of 1910.146 states that rescuers may practice in representative spaces that are considered “worst case” or most restrictive with respect to internal configuration, elevation and portal size. This illustrated guide will serve as a reminder to be prepared for the unexpected when planning for confined space emergencies for the safety of the rescuers and the entrants.

Request Your Free Confined Space Rescue Types Chart & Compliance Guide

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According to latest reports, the U.S. workplace fatality rate increased in 2014 with the highest death rate in seven years. That is the first time it has done so since 2010, according to finalized data released April 21 by the Bureau of Labor Statistics. The revised rate for 2014 increased to 3.4 deaths per 100,000 full-time workers for a total of 4,821 fatalities.

"This is the highest number of workers killed on the job since 2008," BLS stated.

2014 BLS Fatality Statistics:
• Private construction industry had 899, the highest since 2008.
• Oil and gas extraction industries had 144, which is the most ever recorded.
• Workers 55 and older took a sharp increase with 1,691 deaths.

Source: SAFETY+HEALTH Newsletter (4/22/16) published by the National Safety Council. 

One minute a worker was working in the 8-foot trench below ground. The next, he was being buried in it. His co-workers came to his rescue, digging him out with their bare hands. Moments after they pulled the injured man to safety, the unprotected trench collapsed again. His injuries were serious and led to his hospitalization.

What’s more, the man's Houston-area employer knew the Richmond, Texas, excavation site was dangerous, but failed to protect its workers.

OSHA has since cited the company for 16 safety violations, including six egregious willful violations for failing to protect workers inside an excavation from a cave-in. The company faces penalties totaling $423,900.

"For more than 2,500 years, man has known how to prevent deadly trench collapses. It is absolutely unacceptable that employers continue to endanger the lives of workers in trenches," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. In addition to the willful violations, the company was cited for nine serious violations, including failing to remove debris from the edge of the excavation. The company also did not provide a safe means to get in and out of the excavation for workers or conduct atmospheric testing inside excavations after a sewer leak.

"Trench cave-ins are preventable," said John Hermanson, OSHA's regional administrator in Dallas. "There are long-established, basic precautions. They're not new, and they're not secret. This company knew its trenches weren't safe, but still put its workers in harm's way."

OSHA has also placed the company in its Severe Violator Enforcement Program. The program concentrates resources on inspecting employers who have demonstrated indifference towards creating a safe and healthy workplace by committing willful or repeated violations, and/or failing to abate known hazards. It also mandates follow-up inspections to ensure compliance with the law.

Here’s another reminder of how quickly a trench can turn deadly and how important it is to be prepared. Is your rescue team prepared for such an incident?

When firefighters arrived at the scene of a construction trench collapse near Covington (Louisiana) back in May, they could see two pairs of feet sticking out of the wet, sandy clay at the bottom of the 10-foot-deep trench. But only one voice was calling for help.

The frantic rescue effort that followed, interrupted by safety concerns and bad weather, would bring one man safely to the surface. His co-worker did not survive.

Firefighters immediately jumped in and began trying to dig the men out from nearly a foot of dirt that had tumbled down on top of them from the sides of the trench. But as the operation dragged on, they realized that being in the trench could compound the danger. The depth of the hole combined with the sandy clay made for a perilous work situation. Moreover, huge piles of excavated dirt loomed over the side of the trench, adding to fears of another collapse.

The weather didn’t help. During the rescue, a rainstorm drenched the area and then was replaced by baking sun.

To lower the risk, firefighters had to delay rescue efforts while others brought in sheets of plywood to reinforce the sides of the trench. A ladder was laid across the top and another was lowered to the bottom. Firemen tossed water down to their comrades, and a large vacuum truck was brought in to suction out debris.

Two hours after the firefighters arrived, the surviving worker — stripped of his clothes except for a pair of blue and red striped shorts — was placed into a rescue basket and lifted slowly to the lip of the trench. He was immediately tended to by emergency medical technicians, who transferred him to a stretcher.

The injured worker, who has not been named, was alert throughout the rescue and was able to speak with the men working to free him, officials said.

But there were fears that his medical condition could deteriorate quickly after he was pulled from the dirt. The weight of the soil could have been acting like a “big tourniquet,” said St. Tammany Coroner Charles Preston, an emergency physician. In that type of situation, he said, when the pressure caused by a heavy weight is removed, the flow of blood throughout an injured body can cause severe problems.

In this case, however, Preston said the worker was doing as well as could be expected, adding that his belly was soft, which indicated that the weight of the earth had not prevented his blood from flowing while he was buried.

Once the worker was taken away, the operation turned from rescue to recovery. The body of a 24-year-old was removed about 5 p.m., after more than four hours of being buried in the trench.

Sheriff Jack Strain, briefing reporters after the first worker had been removed, said his office would investigate whether all proper safety protocols had been followed at the site. Strain noted the presence of three trench boxes — large metal frames with two panel sides connected by thick bars — stacked just feet from where the collapse occurred but said there were none at the cave-in site itself.

“I don’t know why those weren’t in the ground, but those things will be looked into,” Strain said. State agencies may also investigate the incident, he said.

(Excerpts, photos and videos from a story in The New Orleans Advocate by Faimon A. Roberts III - click to read full story)

Preparation is Key

Is your agency or rescue team prepared for this type of incident? Who will be responsible for performing the rescue, and how quickly can they respond? Do they have the proper equipment and training to do the job while protecting themselves?

Also, do you have the availability of advanced life support personnel who can respond to the scene? Injuries sustained from trench incidents can be more severe (internal) than just bruising and broken bones. Crush Syndrome/Compartmentalization Syndrome can kill a “rescued” victim!

Keep in mind, someone was responsible for acting as the Competent Person at this site, or at least, should have been. Are your supervisors properly trained to identify potential trench hazards? If you use contractors, do you assume they have the proper training and equipment while they are working on your site?

Don’t underestimate the dangers of trench work – or the dangers posed to emergency response personnel. Make sure your people are prepared! Learn the latest trench safety and rescue techniques at our upcoming Trench Rescue Course at the Roco Training Center.