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Fatal Trench Collapse Results in Severe Violator Status

Tuesday, September 25, 2018

An Ohio excavating company faces $202,201 in penalties and was placed in OSHA’s Severe Violator Enforcement Program1 after an employee suffered fatal injuries in a trench collapse. 

Inspectors found that the company was working in trenches up to 16-feet deep without adequate cave-in protection. The company failed to: use protective systems to prevent a cave-in; remove accumulating water; properly use ladders to enter and exit the trench; prevent employees from working beneath a suspended trench box; ensure employees wore hard hats; and make provisions for prompt medical attention in the event of injury.

“A trench can collapse in seconds, burying workers under the weight of thousands of pounds of soil,” said Ken Montgomery, OSHA Cincinnati Area Office Director. “This tragedy was preventable, and could have been avoided if the employer had installed required protective systems to prevent a trench cave-in.”

Here's a video showing multiple violations like the ones described here.

1OSHA's Severe Violator Enforcement Program (SVEP) concentrates resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by committing willful, repeated, or failure-to-abate violations. Enforcement actions for severe violator cases include mandatory follow-up inspections, increased company/corporate awareness of OSHA enforcement, corporate-wide agreements, where appropriate, enhanced settlement provisions, and federal court enforcement under Section 11(b) of the OSH Act. In addition, this Instruction provides for nationwide referral procedures, which includes OSHA's State Plan States. This instruction replaces OSHA's Enhanced Enforcement Program (EEP).

Is Your Competent Person a “Trench” Competent Person?

Wednesday, May 2, 2018

Is Your Competent Person a “Trench” Competent Person?One of OSHA’s Agency Priority Goals is to reduce trenching and excavation hazards. According to the Bureau of Labor Statistics, excavation and trench-related fatalities in 2016 were nearly double the average of the previous five years. OSHA’s goal is to increase awareness of trenching hazards in construction, educate employers and workers on safe cave-in prevention solutions, and decrease the number of trench collapses.

OSHA plans to issue public service announcements, support the National Utility Contractors Association’s Trench Safety Stand Down, update online resources on trench safety, and work with other industry associations and public utility companies to create an effective public-private effort to save lives. OSHA’s trenching and excavation national emphasis program is also currently under revision. For more information on trench safety, visit OSHA’s safety health topics page.

Over the past few years, Roco has made trench safety a priority goal by dedicating more than 15 articles on this website as well as a podcast to trench-related subjects in an attempt to increase awareness for trench safety and rescue, just as OSHA is doing.

One area we have identified where facilities may be in violation is having personnel who are not “trench” competent persons sign off on trenches. Many times, the company representative is a “Confined Space Competent Person” or “Entry Supervisor,” and we are asking them to sign off that a trench shoring system is adequate when they have little or no training.

Just because you are competent person in one area does not mean you are a competent person in all of them. A confined space knowledge base is not the same as a trench knowledge base.

The OSHA Construction Standard Defines a Competent Person “as someone who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”
 
Key Points:
Can your competent person...
 
  • ·  Classify the soil type?
  • ·  Determine the appropriate protective system based on depth, width, and soil conditions?
  • ·  Assure that proper protective measures are in place?
  • ·  Perform atmospheric monitoring?
  • ·  Ensure the work site is safe for surcharge loads?
  • ·  Identify who is going to respond with trench rescue capabilities in an emergency?
    If you are unsure regarding any of these basic questions, you may need to look at the training your competent person and rescue team are getting. 

For more information, visit our Roco Trench Rescue page and our Trench Competent Person page to view the course descriptions and see upcoming training dates. Register today to learn more about trench safety and rescue operations, and call us about scheduling a class if the posted training dates don't work for you.

Resource: OSHA Quick Takes
Photo credit: Underground Safety Equipment/NAXSA

Manslaughter Charges Filed in Trench Death

Monday, January 15, 2018
Manslaughter Charges Filed in Trench Death

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

Trench Collapses…one of the most dangerous hazards in construction

Wednesday, July 19, 2017

Trench Collapses…one of the most dangerous hazards in constructionA 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

Roco Rescue Training in North Dakota

Monday, January 23, 2017

Roco Rescue Training in North Dakota

Roco is excited to be conducting several Rescue & Fall Protection Workshops at the 44th Annual Safety Conference next month in Bismarck, ND. This will kick off our working relationship with the ND Safety Council to provide safe, effective confined space rescue training for their membership. 

What's more, the North Dakota Safety Council (NDSC) is currently constructing a new safety campus in Bismarck that will house a 5,000 square foot hands-on training lab. Roco, as a training partner, will provide high-level technical rescue courses at this new facility on a year-round basis.

For the conference on February 20-23, we will be conducting a number of hands-on rescue workshops and presentations to be presented by Roco Lead Instructors Dennis O’Connell, Pat Furr, Brad Warr, Eddie Chapa and Josh Hill. Sessions include:

  • Intro to Competent Person Requirements for Fall Protection
    2/20 9am-6pm (classroom w/demo)
  • Confined Space Entrant, Attendant, and Supervisor Requirements
    2/20 9am-6pm (classroom w/demos) 
  • Tripod Operations
    2/21 11am-5pm (hands-on training) 
  • So You’ve Fallen, Now What?
    2/22 10am-11:30am (classroom)
  • Dial 911 for Confined Space Rescue
    2/22 1:30pm-2:30pm (classroom w/demos)
  • Confined Space and Rope Rescue...
    2/22 1:30pm-5pm (hands-on training) 
  • Trench Collapse Rescue Considerations
    2/22 2:45pm-3:45pm (classroom) 
  • Fallen/Suspended Worker Rescue
    2/23 8am-11:15am (classroom w/demos) 
  • We look forward to meeting you at Roco booths (#202 & #203) or in these training sessions. For more info, click to NDSC’s 44th Annual Safety & Health Conference. Don't forget to register online at www.ndsc.org for these training sessions.

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