In a recent victory for excavation workers who regularly face dangerous trenching conditions, an administrative law judge with the Occupational Safety and Health Review Commission has found that Newport, Del.-based Daisy Construction willfully violated OSHA's trenching standards.
Judge Dennis L. Phillips ordered the company to pay $59,000 in penalties, resolving litigation that followed citations issued by OSHA based on a 2010 investigation. Two willful violations were issued for failing to provide workers working in a trench with an adequate protection system to prevent cave-ins and protect employees by removing them from the unprotected trench. One serious violation was issued for failing to instruct workers on how to recognize and avoid unsafe conditions. The company contested the citations, and the case was litigated before the commission.
