Cave-In Hazard at Newport Jobsite Leads to Hefty Fines for Middletown Contractor

The U.S. Department of Labor's Occupational Safety and Health Administration has cited J.A.M. Construction Co. Inc., of Middletown for alleged willful, repeat and serious violations of excavation safety standards following an inspection at a Newport jobsite. The contractor faces a total of $69,600 in proposed penalties.

OSHA inspectors passing by a worksite at 58 Brenton Road observed workers inside an apparently unprotected excavation and opened an on-the-spot inspection. OSHA found that the trench, which was up to 6 feet 4 inches deep, lacked worker safeguards against a collapse of its sidewalls. This cave-in hazard was exacerbated by the absence of a ladder or other safe means of exit, and by accumulating water.

As a result of these conditions, OSHA has issued the company one willful citation with a proposed penalty of $56,000 for the unprotected excavation; one repeat citation, with a fine of $8,000 for a missing ladder; and one serious citation, with a $5,600 penalty for water in the trench.

"You cannot overstate the gravity of this hazard," Patrick Griffin, OSHA's area director for Rhode Island, said in a news release. "A cave-in can occur in seconds with soil and debris engulfing workers before they can react or escape. Employers know that an excavation must have effective cave-in protection in place every time a worker enters it. Failure to provide such protection could result in serious injury or death for a worker."

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. The repeat citation stems from OSHA having cited the company in September 2007 for a similar hazard at a worksite on Aquidneck Avenue in Middletown.

Detailed information on trenching hazards and safeguards is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

J.A.M. Construction has 15 business days from receipt of the citations to comply, meet with OSHA or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Providence Area Office, telephone 401-528-4669. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (321-6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Calls to J.A.M. Construction Co. Inc., had not yet been returned by press time by early Wednesday evening.