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MIOSHA Cites Maco Concrete
for Willful and Serious Violations in Fatal Trench Collapse and
Proposes $103,600 in Penalties
Michigan Department of Labor
& Economic Growth (DLEG) Director Robert W. Swanson today
announced the Michigan Occupational Safety and Health Administration
(MIOSHA) has cited a St. Clair Shores concrete company, with
$103,600 in proposed penalties for allegedly failing to adequately
protect employees from trenching and excavation hazards.
"This employer exposed
his employees to trenching hazards which led to the death of
one worker," said Swanson. "This tragic workplace fatality
could have been avoided. We are sending a clear message to all
construction employers that they must be proactive and consistently
protect their workers against cave-ins."
Excavation protection is
essential, since the sides of a trench can collapse with great
force and without warning, burying workers beneath tons of soil
before they have a chance to react or escape. To ensure worker
safety at excavations more than five feet deep, walls must be
sloped or shored, or trench shields or boxes must be used, to
prevent serious injuries or fatalities.
On April 23, 2006, the business
owner was operating a backhoe and directing the excavation for
a new sewer line in Addison Township. Two employees were laying
sewer pipe in an unprotected excavation approximately eight feet
deep and four and half feet wide. The sides of the excavation
were nearly vertical.
As the owner was digging
the trench, he placed the spoils along the north edge of the
excavation. Prior to the fatal collapse, two employees were in
the trench when soil broke loose from the north side and they
had to run toward the east end of the excavation to avoid being
buried by a cave-in.
The owner removed the sloughed
soil from the excavation, again placing it along the north edge.
He then directed the employees to go back into the trench to
finish the work. Approximately 10 minutes after the employees
resumed working, they were buried by another collapse of soil
from the north side of the excavation. One employee was completely
buried and died, and the other employee was seriously injured.
The MIOSHA inspection found
that another trench collapse had occurred a few weeks prior to
the fatal accident. The company was installing a basement emergency
window on Little Mack Rd., in Macomb County. The excavation was
approximately eight feet deep and nearly vertical. The owner
and the employee entered the excavation to install forms for
footings. The excavation collapsed, partially burying the men.
They escaped because the top man saw the side of the excavation
failing and warned them of the collapse.
The MIOSHA investigation
revealed that the company knew of the substantial risk of injury
to employees engaged in trenching work, and failed to provide
trenching support to prevent injury to their workers. According
to MIOSHA, the owner was at the job site and made no effort to
protect his employees. Additionally, the company failed to furnish
the employee a place of employment free from recognized hazards
that were likely to cause death or serious physical harm.
"Construction is a high
hazard industry. With only about 4 percent of the workforce,
construction accounts for more than 40 percent of the worker
deaths each year," said MIOSHA Acting Director Martha B.
Yoder. "In a competitive and time driven industry, it is
just not acceptable to cut corners at the expense of worker safety."
Trench sloping and support
systems are required by the MIOSHA Construction Safety Standard,
Part 9, Excavation, Trenching, and Shoring. This standard covers
the digging of excavations and trenches that an employee is required
to enter, and the supporting systems used on construction operations.
Part 9 also requires a trained and experienced "qualified
person" to evaluate excavation hazards.
The company received a combined
total of three alleged willful violations with a proposed penalty
of $99,400; and two alleged serious violations with a proposed
penalty of $4,200, for a total proposed penalty of $103,600.
A willful violation represents
an intentional disregard of the requirements of MIOSHA regulations,
or plain indifference to employee safety and health. A serious
violation exists where there is a substantial probability that
serious physical harm or death can result to an employee.
Based on provisions in the
MIOSHA Act, Public Act 154, as amended, every willful violation,
which is connected to a fatality, is referred to the Michigan
Attorney General's Office for criminal investigation and/or prosecution.
"Employers have a responsibility
to ensure the physical safety of their workers. When an employer
fails to follow the law and our state's safety regulations, there
must be consequences," said Michigan Attorney General Mike
Cox.
Because of the recognized
higher hazards in excavation and trenching, these work operations
are a focus in the MIOSHA five-year strategic plan. MIOSHA is
coordinating an awareness campaign to remind employers that employee
training is required - and to provide training opportunities
through the Consultation Education & Training (CET) Division.
Under the MIOSH Act, the
company has 15 working days from receipt of the citations to
comply or contest the violations and penalties.
Source: MIOSHA News Release 12/18/06
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