Region 1 News Release: 09-1581-BOS/BOS 2010-011
Thurs., Jan. 7, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074

US Labor Department's OSHA proposes $55,200 in fines to Pembroke, Mass., contractor for Randolph, Mass., cave-in hazard

BRAINTREE, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited CELCO Construction Corp. for alleged willful, serious and other-than-serious violations of safety standards after an OSHA inspector observed a company employee working in an unprotected 6-foot deep excavation at a Randolph, Mass., worksite. The Pembroke, Mass., construction contractor faces a total of $55,200 in proposed fines.

OSHA's Dec. 3, 2009, inspection found that the trench lacked both cave-in protection and a ladder or other safe means for workers to exit the trench. OSHA standards require that all excavations 5 feet or deeper be protected against collapse. In addition, an excavator, driven to the edge of the trench, caused soil and rocks to fall into the trench.

"No one ever thinks the trench he or she is working in will collapse, but the fact is cave-ins happen in seconds, crushing and burying workers beneath tons of soil and debris before they have a chance to react or escape," said Brenda Gordon, OSHA's area director for southeastern Massachusetts. "That's why mandatory safeguards must be in place and in use at all times."

As a result of its findings, OSHA has issued CELCO Construction two willful citations, with $50,000 in fines, for the unprotected excavation and missing ladder; two serious citations, with $4,000 in fines, for the excavator at the trench's edge and for the lack of a high visibility vest for an excavator operator exposed to vehicular traffic; and one other-than-serious citation, with a $1,200 fine for an incomplete injury and illness log.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

Detailed information on trenching hazards and safeguards, including a trenching safety QuickCard™, is available online at http://www.osha.gov/SLTC/trenchingexcavation/construction.html and https://www.osha.gov/sites/default/files/publications/OSHA3243.pdf.

CELCO Construction has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Boston South Area Office in Braintree; telephone 617-565-6924.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure safe and healthful working 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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