Enforcement and Inspection

Fatal Trench Collapse Results in Citation of Contractor, Staffing Agency

OSHA has cited All Power Construction Corp. and staffing agency Labor Finders of Tennessee Inc. after a temporary employee installing sewer lines at an Alabama work site suffered a fatal injury in a trench collapse. All Power Construction Corp. faces $139,684 in proposed penalties and Labor Finders of Tennessee Inc. faces the maximum allowed $12,934 in proposed penalties.

Supporter for trench

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OSHA issued willful and serious citations to All Power Construction Corp. for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards. OSHA cited the staffing agency for one serious violation for not ensuring that employees were trained on trenching and excavation hazards.

The investigation was part of OSHA’s National Emphasis Program on Trenching and Excavation.

“Employers are responsible for ensuring their worksites are free of recognized hazards,” said Ramona Morris, OSHA Birmingham Area Office Director. “This tragedy could have been prevented had the employer followed the necessary steps to ensure that protective systems were used.”

The companies have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.