The U.S. Department of Labor's Occupational Safety and Health Administration's Billings Area Office cited Glennco Excavating Inc. for one willful, two serious and three repeat violations. The employer was cited for lack of adequate cave-in protection, for not removing employees from the excavation when cave-in hazards were present, and for the lack of adequate training. Violations also include lack of head protection and failure to support undermined sidewalks and pavement.
The agency cited temporary staffing agency Labor Ready Northwest Inc. for three serious violations for lack of adequate training, no safe means of egress in excavations and inadequate cave-in protection.
OSHA initiated the March inspection at a Missoula construction site as part of its National Emphasis Program for Trenching and Excavations after receiving a complaint alleging an employee had been partially buried when an excavation collapsed.
Glennco Excavating Inc. was fined $130,200 and Labor Ready Northwest Inc. was fined $21,000.
"Temporary staffing agencies and host employers share control over workers, and are therefore jointly responsible for their safety and health. These employers did not exercise their ultimate responsibility," said Art Hazen, OSHA's acting area director in Billings. "Just because you hire a temporary employee does not mean that you can assume that the temporary employer has addressed all safety concerns and requirements, and the same can be said for the temporary staffing agency."
Link to the citations:
Glennco Excavating Inc.: https://www.osha.gov/ooc/citations/GlenncoExcavatingInc.1053419.pdf
Labor ready Northwest Inc.: https://www.osha.gov/ooc/citations/LaborReadyNorthwestInc.1053438.pdf
The two companies have 15 business days from receipt of the citations to comply, request an informal conference with OSHA, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.