Occupational Safety & Health Administration

Contractor Faces $84,000 in Proposed Cave-in Hazard Fines

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Accadia Site Contracting Inc. for alleged willful and serious excavation safety violations found at a water main site at Lewiston Road and McKinley Avenue in Niagara Falls. The Depew-based contractor faces a total of $84,000 in proposed fines after an inspection by OSHA's Buffalo Area Office.

Trenching and Excavation Safety Fact Sheet

On March 7, OSHA found workers in a 7-foot deep vertical-walled excavation that lacked protection to prevent wall cave-ins and a ladder every 25 feet to facilitate a swift and safe exit from the excavation. Moreover, 8 inches of water accumulated in the excavation's bottom, increasing the likelihood of a collapse.

Safety Video: Excavations in Construction/Trenching

OSHA issued a willful citation, with a fine of $70,000, for the unprotected excavation. Two serious citations, with $14,000 in fines, were issued for the water and ladder hazards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA is also calling upon employers across western New York to take effective action to ensure that excavations are guarded against collapse and their employees are protected against death and serious injury.

"The coming of warmer weather and the accompanying thaw of the soil bring with them an increase in excavation work. Unfortunately, it also brings an increase in cave-in hazards and unsafe work practices," said Dube. "Before any employee enters an excavation to perform work, the employer must ensure that the excavation is properly safeguarded against collapse, the employees are trained to recognize and avoid cave-in hazards and all required equipment is present and properly maintained."

Information on excavation hazards and safeguards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Accadia Site Contracting Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Buffalo office at 716-551-3053.

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