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.