OSHA fines Chicago-area contractor $60,600

OSHA fines Chicago-area contractor $60,600

Feb. 8, 2011

US Department of Labor's OSHA fines Chicago-area contractor $60,600
for failing to provide trench cave-in protection for workers

BENSENVILLE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued Doherty, Giannini & Rietz Construction Inc., an underground contractor located in Bensenville, one willful and one repeat safety citation for failing to protect workers from cave-ins during trenching operations at a Chicago, Ill., jobsite. The company faces proposed penalties of $60,600.

"Cave-ins are a leading cause of worker fatalities during excavations," said Gary Anderson, OSHA's area director in Calumet City, Ill. "This is the fourth time in recent months that OSHA has issued citations to this contractor related to the cave-in protection standard. Workers' safety should be paramount on a jobsite, and OSHA is committed to protecting workers, especially when employers fail to do so."

The willful citation alleges that a Doherty, Giannini & Rietz Construction employee was working in a trench at a depth greater than 6 feet without cave-in protection during a December 2010 inspection. A trench box was present on the site but not installed in the trench. The inspection was conducted under an OSHA national emphasis program on trenching and excavation. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

The company was issued the repeat citation for failing to establish a safe work zone as regulated by the U.S. Department of Transportation's manual on uniform traffic control devices. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The company has been inspected by OSHA 27 times since 1988, resulting in 16 prior citations for lack of cave-in protection at various worksites. Four of those violations have been issued since June 2010, including the citation from the December inspection.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards, adopted by OSHA in the 1980s, is available on the agency's website at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Doherty, Giannini & Rietz Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Calumet City Area Office at 708-891-3800. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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

Need Safety Training?  Visit http://safetyhelpers.com/

OSHA secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor

OSHA secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor

Feb. 7, 2011

US Labor Department secures decision affirming willful and serious
trenching violations, $91,200 in fines against Boston contractor

BOSTON – The U.S. Department of Labor has won a decision from an administrative law judge upholding eight citations and $91,200 in fines issued to a Boston contractor for excavation and other construction safety hazards. The department's Occupational Safety and Health Administration cited Shawn Telsi, doing business as Life Time Homes, Green Pines and/or Telsi Builders, following an August 2009 inspection of a construction site at 394 Dedham St. in Newton, Mass.

During that inspection, OSHA found employees working without cave-in protection in an excavation up to 14 feet deep. The excavation lacked a safe means of exit and had piles of soil stored at its edge. Employees also risked impalement upon unguarded steel rebar, falls into uncovered 7-foot-deep holes and injuries from lack of head protection.

OSHA cited Telsi in February 2010, and the company contested its citations and fines to the independent Occupational Safety and Health Review Commission the following month. A hearing was held in Boston on Sept. 28, 2010, before Administrative Law Judge Covette Rooney. Rooney recently ruled, upholding the four willful and four serious citations, and the monetary penalties issued by OSHA.

"Serious, life-threatening hazards remained uncorrected even after they were brought to this employer's attention," said Marthe Kent, OSHA's New England regional administrator. "In one instance, had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris."

"Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences," said Michael Felsen, the Labor Department's regional solicitor for New England. "This decision not only affirms OSHA's findings, it also shows that the Department of Labor will not hesitate to pursue appropriate legal action on behalf of America's workers."

Telsi has 20 days from the date the administrative law judge's decision is docketed with the review commission to appeal. The safety inspection was conducted by OSHA's Andover Area Office in Massachusetts. The case was litigated for OSHA by senior trial attorney Paul Katz of the department's Boston Regional Solicitor's Office.

The Occupational Safety and Health Review Commission is an independent federal agency created to decide contests of citations or penalties resulting from workplace inspections conducted by OSHA. An employer who is cited by OSHA for an alleged workplace health or safety violation can contest the OSHA citation and have the case heard by a commission administrative law judge, who ultimately issues a decision. The judge's decision can then be appealed to the commission, whose members are presidential appointees.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these 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/index.html.

Need Safety Training?  Visit http://safetyhelpers.com/