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Region 7 News Release: 09-225-KAN
March 10, 2009
Contact: Rich Kulczewski Jeremy Eggers
Phone: 303-844-1302 303-844-1299

U.S. Department of Labor's OSHA cites John Prouty Construction Inc. of O'Neill, Neb., for violations of OSH Act
September 2008 accident killed four workers

OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited John Prouty Construction Inc., O'Neill, Neb., for alleged violations of the Occupational Safety and Health (OSH) Act following an investigation of a trench collapse near Verdel, Neb., that killed four workers Sept. 12, 2008.

OSHA's investigation of the excavation company's site found three alleged willful and two alleged serious violations of the OSH Act.

"There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring."

The willful violations stem from the company's failure to instruct employees in recognizing and avoiding unsafe conditions when working in a trench and not having a cave-in protection system. Furthermore, excavated spoils and other equipment were not kept 2 feet from the trench edge. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations stem from the lack of hard hat use by employees where an overhead hazard existed as well as failure to provide safe access into and egress from a trench greater than 4 feet in depth. OSHA issues a serious citation when death or serious phys