Wednesday, January 21, 2015

WORKER'S DEATH AT FORT BRAGG, NORTH CAROLINA, LEADS TO WILLFUL AND SERIOUS VIOLATIONS FOR TEKTON CONSTRUCTION CO


WORKER'S DEATH AT FORT BRAGG, NORTH CAROLINA, LEADS TO WILLFUL AND SERIOUS VIOLATIONS FOR TEKTON CONSTRUCTION CO
A North Carolina contractor faces a $123,200 fine for what authorities called the preventable death of a 22-year-old worker in a trench at Fort Bragg, NC.
Clyde Nettles Jr. was working for Tekton Construction Co. in an unprotected trench July 24, 2014, when the earthen walls collapsed without warning. Another worker was able to escape uninjured, but Nettles was trapped and suffocated.

 Facebook photos showed Clyde Nettles Jr. beaming at his high school graduation. He was 22 when he was killed. OSHA called the fatal accident preventable.
The workers had been digging trenches and installing drainpipes at an ammunition supply point in Fort Bragg. Nettles was reconnecting drainpipes when he was stricken.
'Well Aware of the Dangers'
The Occupational Safety and Health Administration has now cited Tekton Construction for two willful and two serious safety violations and proposed fines totaling $123,200. OSHA also proposed that Tekton be placed in the agency's Severe Violator Enforcement Program.
Willful violations are OSHA's highest level of infraction, reserved for those "committed with intentional, knowing or voluntary disregard for the law, or with plain indifference to worker safety."
"Tekton was well aware of the dangers associated with entering unprotected trenches, yet the company disregarded OSHA standard," said Kim Morton, director of OSHA's Raleigh Area Office.
"His life could have been saved and this incident prevented if the company put proper safeguards in place to protect its workers."
The unprotected trench collapsed on two workers. One escaped. OSHA has cited Tekton Construction and proposed $123,200 in penalties.
Founded in 1999 and based in Fort Bragg, Tekton Construction specializes in heavy equipment operation, excavating and construction. The company did not immediately respond to a request for comment Friday (Jan. 9).
Four Citations
The willful citations were issued for not providing cave-in protection for employees working in a trench and not providing safe means to enter and exit the trench.
OSHA requires a safe exit to be installed for every 25 feet of length of a trench. In this case, three of the trenches were longer than 62 feet without exits installed, OSHA said.
OSHA also requires that trench and excavation sites five feet or deeper be protected against sidewall collapses through shoring of trench walls, sloping of the soil at a shallow angle, or using a protective trench box.
Serious citations were issued for not providing hard hats to employees inside trenches and failing to train workers to identify hazardous working conditions.
OSHA has proposed Tekton be placed in the Severe Violator Enforcement Program. SVEP targets high-emphasis hazards selected from National Emphasis Programs, which includes Trenching and Excavation.
A serious violations is one OSHA says the employer should have known about and has substantial probability to cause death or serious physical harm.
Focusing on Follow-Up
OSHA proposed deeming Tekton a Severe Violator for "demonstrating indifference to its OSH Act obligations to provide a safe and healthful workplace for employees."
SVEP concentrates resources on recalcitrant employers with mandatory follow-up inspections and other actions.
SVEP targets high-emphasis hazards from selected National Emphasis Programs, which includes Trenching and Excavation.
Tekton has no previous record with OSHA, according to a search of the agency's records.
The company has 15 days from receiving the citations to comply, contest them, or request an informal conference with OSHA's area director.