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Region 5 News Release: 10-1358-CHI
Oct. 4, 2010
Contact: Scott Allen     Rhonda Burke
Phone: 312-353-6976     312-353-6976
E-mail: allen.scott@dol.gov     burke.rhonda@dol.gov

US Labor Department's OSHA cites Ohio-based trenching company
A. Bagnoli and Sons Inc. for safety violations after worker fatality

POLAND, Ohio -- The U.S. Department of Labor's Occupational Safety and Health Administration has cited A. Bagnoli and Sons Inc., a water, sewer and utility excavation company located in Poland, Ohio, with four alleged willful and serious safety violations after one worker was killed and another seriously injured. The incident occurred when part of a 17-foot deep by 65-foot long trench caved in on April 7, in Hudson Ohio, trapping the two workers for more than six hours.

"Cave-in accidents are a leading cause of worker fatalities during excavations, and this was a completely avoidable accident had the company followed all the required OSHA standards. Employees were not adequately protected from cave-ins while working in trenches that reached up to 17 feet deep, and they had no safe way to get out of the trench in case of emergency," said Rob Medlock, OSHA's area director in Cleveland, Ohio. "Company representatives are well aware of OSHA safety requirements while excavating but chose to ignore them, thus putting their workers in unnecessary danger."

OSHA cited A. Bagnoli and Sons with two alleged willful violations for failing to provide proper cave-in protection shields at the excavation site and provide employees with a safe egress while entering and exiting a trench. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.

Additionally, the company