Region 8 News Release: 07-OSHA
02-15-2000
Contact: Rich Kulczewski
PHONE: (303)844-1302
Colorado Worker Killed Last August
OSHA FINES MEEKER CONTRACTOR $153,450 FOR WILLFUL AND
SERIOUS VIOLATIONS OF TRENCHING AND EXCAVATION STANDARDS
C & C Plumbing and Heating, Inc., Meeker, Colo., was
cited Monday for willful and serious violations of the
Occupational Safety and Health Act, and issued proposed
penalties totaling $153,450.
The violations and penalties were issued by the Denver area
office of the Occupational Safety and Health Administration
(OSHA) after a fatality investigation. The fatality resulted
from a trench collapse which occurred August 23, 1999 in Meeker.
"This company knew of the dangers on this job-site from
two cave-ins in the same trench just three days before the fatal
accident," said OSHA Administrator Charles N. Jeffress.
"Yet no attempts were made to protect employees from the
trenching hazards. A young apprentice plumber died because of
that indifference. This company must be held accountable."
Bobby Glover, OSHA Area Director in Denver, said the fatality
resulted because the employer failed to provide adequate
sloping, shoring, shields, or equivalent systems to protect
employees from cave-in hazards.
Glover said in 1998, 33 workers nationwide lost their lives
while doing excavation work, with cave-ins accounting for nearly
70 percent, or 23, of the fatalities.
Over the past year in Colorado OSHA has investigated ten
instances of employees being caught in cave-ins which includes
this one fatality in Meeker. OSHA has targeted trenching and
excavation activities since the 1970's.
For further information on the citations contact Bobby Glover
or Mary Lynn, OSHA Denver area office, at (303) 844-5285.
OSHA cited C & C Plumbing and Heating, Inc. for:
 | Failure to ensure that adequate egress such as a ladder
was used to enter and exit the trench. Willful violation
$63,000 |
| Failure to conduct daily inspections of the trench by a
competent person and failure to provide an adequate
protective system for employees working in the trench.
Willful violation $63,000 |
| Five Serious Violations for not providing training, not
utilizing hard hats, allowing water to accumulate in the
trench, not placing excavated material a safe distance from
the edge of the trench and providing inadequate shoring on
the Friday prior to the fatality. Serious violations $27,450 |
Willful violations are those committed with an intentional
disregard of, or plain indifference to, the requirements of the
OSHA Act and its regulations.
A serious violation is defined as one in which there is
substantial probability that death or serious physical harm
could result, and the employer knew, or should have known, of
the hazard.
Trenching is one of the most hazardous operations in the
construction industry. OSHA conducts seminars and training
sessions on trenching safety throughout the country. The agency
also sponsors free consultation programs through state agencies
or universities that can help all types of companies learn how
to meet OSHA trenching requirements.
"Excavations," a 24-page guide to the OSHA
trenching standard and additional materials on the topic are
available on the agency's web site at http://www.osha.gov
under "Technical Links," subcategory "Trenching
and Excavation."
C & C Plumbing and Heating, Inc. has 15 working days from
receipt of the citations to request an informal conference with
the OSHA Area Director, or to contest the citations and proposed
penalties before the independent Occupational Safety and Health
Review Commission.
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