OSHA punished Boston Waterproofing & Construction Corp. with significant violations after untrained workers were subjected to life-threatening trench cave-ins at sites in Arlington, Massachusetts, and Warwick, Rhode Island.
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Contractor Revealed Untrained Employees Exposed to Dangerous Conditions
The United States Occupational Safety and Health Administration (OSHA) issued citations to Boston Waterproofing & Construction Corp. for 'willful' and 'serious' violations on Wednesday, July 10, following investigators' claims that the company exposed workers to 'life-threatening' hazards at building sites in Arlington, Massachusetts, and Warwick, Rhode Island, respectively, in September 2023 and December 2023. It proposed a penalty amount of $451,694 each.
As mentioned, during the collapse of the excavations at both places, a single worker was injured and buried as a result of each cave-in excavation. To prevent the employee from obtaining medical attention, the employer at the Arlington workplace did not make any attempt to rescue the employee who was trapped, took away the employee's phone, and struck the person with objects.
Moreover, an employee stranded at the Warwick location requested that their employer phone 911 for assistance and transfer them to the hospital; however, the employer refused to comply. The employer did not use the appropriate medical equipment to get the injured worker away from the dig site. Consequently, the employer transported the injured employee to an urgent care center in a personal vehicle, where they were subsequently left.
Additionally, during the inspection in Warwick, OSHA concluded that the employer was responsible for causing severe damage at the workplace but neither repaired nor accepted responsibility for it. Consequently, the homeowner was deceived and intimidated by the employer after attempting to notify the employer of the damage. OSHA's Andover region office inspected Arlington, while the agency's Providence area office inspected Warwick.
Accordingly, to comply with OSHA citations and penalties, employers have 15 business days from receiving them to either request an informal conference with OSHA's local director, dispute the findings before the independent Occupational Safety and Health Review Commission, or comply with OSHA's regulations. Concerning both sets of OSHA citations and penalties, Boston Waterproofing & Construction Corp. has yet to respond. Nevertheless, they eventually became final on April 18, 2024, and May 14, 2024, respectively, and the company has lost any rights to appeal the decision.
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Safety Guidelines of OSHA on Trenches and Excavation
Among the most dangerous jobs in the building industry are trenching and excavating. Among the possible harmful conditions are cave-ins, falling weights, hazardous atmospheres, and risks from operating heavy machinery. By establishing established safety criteria for excavation and trenching, the OSHA of the United States of America has acknowledged the necessity of eliminating dangers and controlling risks.
A protection system is necessary for trenches at least five feet or 1.5 meters deep unless the excavation is carried out entirely in stable rock. A knowledgeable individual may conclude that a protective system is unnecessary if the depth is less than five feet. In addition, a protective system must be developed by a registered professional engineer or based on tabular data prepared and authorized by a registered professional engineer to be installed in trenches at least 20 feet or 6.1 meters deep.
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