One New Jersey employer has seen the consequences of not producing a safe workplace for its employees, this after the deaths of a pair of workers.
Bednar Landscape Services Inc., located at 501 Division Street in Boonton, New Jersey, was recently the center of an investigation. The company provides landscape, excavation and snow removal services throughout northern New Jersey.
The U.S. Department of Labor’s Occupational Safety and Health Administration initiated an inspection on Oct. 1, 2014, after a trench cave-in killed two workers, Oscar Portillo and SelvinZelaya, who were installing a French drain system at the historic James Dixon Farm in Boonton.
No Cave-in Protection
The day of the incident, the employees were working in a trench between 9 and 13 feet deep which had no cave-in protection, OSHA determined. As a result, Bednar was found responsible for one willful and nine serious safety violations.
The willful citation was due to the trench not being adequately sloped, protected by shields or shoring. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health.
The serious violations included not providing a ladder in the trench every 25 feet to allow safe exit, not having a competent person inspect the trench, and failure to have utilities marked out, provide head protection, and train workers on the hazards of the chemicals with which they worked. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Bednar Landscape Services Inc. has 15 business days from receipt of their citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
The proposed penalties total$77,000.
OSHA requires that all trenches and excavation sites 5 feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle, or by using a protective trench box. OSHA has created a National Emphasis Program on Trenching and Excavation.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: kstack@reduceyourworkerscomp.com.
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