An incident last year prompted OSHA to launch a national enforcement program in June, in an attempt to curb trench-related deaths.
Two workers in Jarrell, Texas, were leveling a sewer pipe in a 23-foot-deep and 34-inch-wide trench in June when it collapsed and killed them, OSHA reported. The trench had vertical walls and no protection system and workers’ nearest means for egress was over 130 feet away from where they were working. It had rained the afternoon before the collapse, and water had accumulated in the bottom of the excavation, which weakened the trench.
In December, OSHA fined Jarrell-based WBW Construction $250,272 for failing to protect the two workers.
Penalties are one tool the agency uses to enforce safety and curb fatalities, and they were recently increased. On Jan. 17., OSHA increased maximum penalties for serious and other-than-serious violations from $14,502 to $15,625 per violation. The maximum penalty for willful or repeated violations increased from $145,027 to $156,259 per violation. The escalation stems from a 2015 law that stipulates increases each January to catch up with inflation.
Recent legislation in New York has heavily increased the punishment for contractors who are recklessly negligent in cases where, for example, trench protection is not used.
Late last year, Gov. Kathy Hochul signed Carlos’ Lawnamed for a worker who died in a trench collapse in 2015. The law raises penalties for criminally negligent employers in the state, increasing the $10,000 fine for a felony to a minimum of $500,000 and a maximum of $1 million, and the $5,000 fine for a misdemeanor to a minimum of $300,000 and a maximum of $500,000.
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