Region 4 News Release: 09-42-ATL (029)
Jan. 22, 2009
Contact: Michael Wald
Phone: 404-562-2078

TAMPA, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing $119,000 in penalties against WDG Construction Inc. for seven safety violations that exposed their employees to possible injury or death at two of its construction sites.

OSHA is proposing two willful citations with $99,000 in penalties after inspections conducted in July and August 2008 revealed that the Wesley Chapel, Fla., company violated OSHA standards by failing to provide employees with protection from cave-ins while they worked in trenches. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The agency is proposing a repeat violation with an $8,000 penalty after it found that material excavated from a trench was placed too close to the edge of the excavation, making it possible for the soil to fall back into the trench where employees were working. The company had been cited for a similar violation following a 2007 inspection.

Four serious violations with penalties totaling $12,000 are being proposed for the company's failure to control water from seeping and accumulating in trenches, not providing proper ladders for employees working in trenches, not training employees to recognize unsafe conditions and failing to instruct employees in ladder safety.

"These proposed penalties reflect the seriousness of the dangers faced by employees and management's indifference to their employees' safety," said Les Grove, OSHA's area director in Tampa.

The company has 15 business days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's area office in Tampa, 5807 Breckenridge Parkway, Suite A; telephone 813-626-1177.

OSHA operates a vigorous enforcement program, conducting almost 39,000 inspections and finding nearly 88,000 violations of its standards and regulations in fiscal year 2008. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.