News
Release No.: 2018-100
Date: December 11, 2018
Cal/OSHA Cites Contractor for Fatal Trench Collapse at
Residential Construction Site
Santa
Ana, CA—Cal/OSHA
has cited a Riverside construction company $66,000 for serious workplace safety
violations that resulted in the death of a worker when a 17-foot-deep trench he
was in collapsed. Cal/OSHA determined that Empire Equipment Services, Inc. did
not properly classify the soil and failed to correctly slope the excavation.
On
May 9, two Empire Equipment Services workers were installing sewer pipes at a
Lake Forest residential construction site when a 30-foot-wide section of the
trench’s sidewall sloughed and collapsed. Only one of the workers was able to
escape.
Cal/OSHA’s
investigation found that the company failed to ensure the site was inspected by
someone who was deemed competent by the employer and familiar with trench
hazards, soil classification and the appropriate safety requirements. The soil
at the worksite was unstable, requiring an adequate protective
system.
“Because
working in excavations is so dangerous, a competent person must conduct
thorough visual and manual tests to properly classify the soil and adequately
protect employees from cave-ins,” said Cal/OSHA Chief Juliann Sum. “Failing to
carry out these requirements can be fatal.”
Cal/OSHA
issued citations to Empire Equipment Services Inc. for two serious
accident-related violations and one general violation with $66,000 in proposed
penalties. One of the serious violations is classified as repeat. In August
2017, Cal/OSHA
had cited the employer $24,670 for serious safety violations
after conducting an inspection at another site in Lake Forest. During that
inspection, Cal/OSHA found that the employer had exposed its workers to serious
hazards while working in a trench deeper than five feet without properly
sloping or installing any adequate protective systems.
Cal/OSHA
offers information
and resources on working safely in the construction industry,
including how to safely perform trench and
excavation operations. Before starting excavation work, the approximate
locations of all underground installations that may be encountered during
excavation operations must be determined and the proper notification must be
made to the appropriate regional notification center in either Northern or
Southern
California. A permit
from the local Cal/OSHA district office must be obtained before the
construction of excavations five feet or deeper into which any person is
required to descend.
A
citation is classified as serious when there is a realistic possibility that
death or serious harm could result from the actual hazard created by the
violation. Citations classified as accident-related indicate the injury,
illness or fatality was caused by the violation. A repeat citation is issued
when the employer has abated an earlier violation for which Cal/OSHA issued a
citation and a substantially similar violation is found during a later
inspection.
Cal/OSHA
offers a guide
to developing an Injury and Illness Prevention Program and model programs for
employers in both high
hazard and non-high
hazard industries. Cal/OSHA’s Consultation Services Branch
provides free and voluntary assistance to employers to improve their safety and
health programs. Employers should call (800) 963-9424 for assistance from
Cal/OSHA Consultation Services.
Employees
with work-related questions or complaints may contact DIR’s Call Center in
English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’
Information line at 866-924-9757 provides recorded information in English and
Spanish on a variety of work-related topics. Complaints can also be filed
confidentially with Cal/OSHA district offices.