OSHA News Release - Table of Contents
Trade News Release Banner Image

Region 5 News Release: 12-790-CHI
May 16, 2012
Contact: Scott Allen      Rhonda Burke
Phone:            312-353-6976
Email: allen.scott@dol.gov      burke.rhonda@dol.gov

US Department of Labor's OSHA cites DiGioia-Suburban Excavating with
2 willful safety violations after allowing workers to ride in excavator buckets

NORTH ROYALTON, Ohio – The U.S. Department of Labor's Occupational Safety and Health Administration has cited North Royalton-based DiGioia-Suburban Excavating for two willful safety violations after discovering that workers were allowed to ride inside an excavator bucket to access a trench at a Bowling Green job site on Nov. 17, 2011. A complaint prompted OSHA's inspection of the site, where six workers were digging a trench to replace existing sanitary lines. Proposed fines total $123,750.

"DiGioia-Suburban Excavating has a responsibility to ensure that workers take all safety precautions and are protected from known workplace hazards such as trench cave-ins, a leading cause of death and injury in excavation work," said Kim Nelson, OSHA's area director in Toledo. "OSHA is committed to protecting workers, especially when employers fail to so."

The willful violations include failing to prohibit workers from riding the excavator bucket to access the trench as well as provide a safe means of egress from the trench. 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.

Detailed information on trenching and excavation hazards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

The citations can be viewed at http://www.osha.gov/ooc/citations/DiGioia-SuburbanExcavatingLLC_109118_0515_12.pdf*.

Prior to this case, DiGioia-Suburban Excavating had under