Region 1 News Release: 12-787-BOS/BOS 2012-070 
May 3, 2012 
Contact: Ted Fitzgerald 
Phone: 617-565-2075 
Email: fitzgerald.edmund@dol.gov

US Labor Department's OSHA proposes more than $117,000 in fines 
to Newport, RI, contractor for cave-in hazards at Middletown, RI, work site 
Agency urges contractors in Ocean State to review, enhance trench safeguards

PROVIDENCE, R.I. – The U.S. Department of Labor's Occupational Safety and Health Administration has proposed fines totaling $117,740 against Newport-based Raymond J. Cawley Contracting Inc. for allowing cave-in and other hazards while workers were excavating at 28 W. Main Road in Middletown to replace a sewer line. 

An OSHA inspection found two workers in an 8-foot-deep trench improperly shored or sloped to prevent sidewalls from caving in. Excavated materials were placed at the edge of the trench, which also lacked a sufficiently tall ladder that workers could use to exit swiftly and safely. Additionally, the workers were not wearing protective helmets, which exposed them to being struck by an operating backhoe's bucket and the material falling out of it. Finally, the employer failed to adequately train workers to recognize hazards and to have the trench inspected by someone with the authority to correct any hazards found. 

"The sizable fines proposed in this case reflect not just the severity of the hazards but also their recurrence and the employer's neglect," said Patrick Griffin, OSHA's area director for Rhode Island. "Trenches can collapse and kill people in seconds. With the onset of warmer weather, I urge contractors in Rhode Island to review their safety programs, ensure that workers are adequately trained and prevent them from entering a trench missing the proper safeguards." 

As a result of OSHA's inspection, citations have been issued for a willful violation – the unguarded trench – carrying a $70,000 fine; two repeat citations, with $18,480 in fines, for a ladder of inadequate length and a lack of protective helmets; and six serious citations, with $29,260 in fines, for remaining items. The citations can be viewed at http://www.osha.gov/ooc/citations/Cawley314920224_FINAL.pdf*. 

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 repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. 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. Similar citations were issued in 2008 for violations at a Newport job site. 

OSHA standards require that trenches or excavations 5 feet or deeper be protected against collapse. Information on trenching and excavation hazards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html. 

Raymond J. Cawley Contracting has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA 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 Providence Area Office at 401-528-4667. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at https://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.