An employee of R.E. Arnold Construction Inc. was trapped when the wall of an excavation he was working in collapsed around him. The incident occurred as the employee removed dirt from a storm filtration system at the company's work site, and the local fire and rescue team had to remove the employee, who left the scene in critical condition. As a result, the U.S. Department of Labor's Occupational Safety and Health Administration cited R.E Arnold with one willful and two serious safety violations. The subcontractor, Suntree Technologies Inc., was cited for four serious safety violations. The city of Gainesville, Fla., contracted R.E. Arnold to build a retaining pond and pump station for the Depot Park.
"These employers deliberately chose not to follow established OSHA standards for protecting workers in excavations and repeatedly ignored warnings-including one on the day of the incident-that the trench was unsafe," said Brian Sturtecky, OSHA's area director in Jacksonville. "This shortcut led to a worker seriously injured and nearly killed."
R.E. Arnold was issued a willful citation for failing to provide employees working in a 15-foot-deep excavation with required protection from wall collapse hazards. A Gainesville city safety inspector informed management numerous times that the excavation was unsafe, yet safety issues were not corrected. On the day of the incident, an inspector refused to enter the trench, claiming that it was too dangerous. 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.
OSHA standards require that all trenches and excavation sites 5 feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle or by using a protective trench box. OSHA has created a National Emphasis Program on Trenching and Excavation.
The serious citations were issued to R.E. Arnold for exposing workers to dangerous safety and fall hazards by failing to provide them with hard hats and fall protection equipment. 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.
Suntree Technologies was cited for four serious safety violations for failure to provide fall protection for employees working at heights above 6 feet. Additionally, management did not ensure workers were wearing hard hats while inside the excavation, exposing them to hazards from falling debris. 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 has proposed penalties of $83,000 for R.E. Arnold and $18,200 for Suntree Technologies. The current citations can be viewed at http://www.osha.gov/ooc/citations/REArnold-954792-06232014.pdf.
R.E. Arnold, based in Gainesville, specializes in site preparation and underground utilities and has no previous OSHA inspection history. The company employs approximately 24 workers. Cocoa-based Suntree Technologies specializes in storm filtration products. It employs 24 people and has no previous OSHA inspection history.
Both companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.
According to Bureau of Labor Statistics data from the Census of Fatal Occupational Injuries, fatal work injuries in Florida accounted for 218 of the 4,628 fatal work injuries reported in 2012.
