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OSHA News Release
2003 - 11/04/2003 - OSHA Cites Florida Contractor for Exposing Employees to Trenching Hazards at Port Orange Work Site

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Region 4 News Release   OSHA-03-689-ATL (275)
Tues., Nov. 4, 2003
Contact: James D. Borders     Jo Anne Burgoyne
Phone: (904) 232-2895    (404) 562-2076


OSHA Cites Florida Contractor for Exposing Employees to
Trenching Hazards at Port Orange Work Site
Agency Proposes $77,500 in Penalties

JACKSONVILLE, Fla. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Modern Continental, Inc., of Ormond Beach for failing to provide adequate cave-in protection for workers at a Port Orange excavation site. The agency is proposing penalties totaling $77,500.

OSHA began an inspection on May 15, after an inspector observed employees working in a trench that was not adequately sloped or shored. OSHA has a national emphasis program that allows immediate inspection of a site when trenching hazards are observed.

"Prevention is the key to reducing worker accidents in Florida," said James Borders, OSHA's Jacksonville area director. "Trenches can collapse quickly and without warning, so employers must take steps to protect workers at these worksites. Fortunately, the hazards at this site were found and steps were taken to eliminate them before an accident occurred."

OSHA issued one willful citation to the contractor with a proposed penalty of $70,000 for failing to properly slope or shore the trench, which was more than six feet deep. A willful citation is issued when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

The agency also issued one repeat citation with a proposed penalty of $7,500 for failing to provide employees with a ladder for safe exit from the trench. OSHA issues a repeat citation when an employer has been cited for the same or a substantially similar violation within the past three years and the independent Occupational Safety and Health Review Board has upheld the citation.

The company has 15 working days to contest the recent citations and proposed penalties before the Occupational Safety and Health Review Board.

Inspection of the work site was conducted by OSHA's Jacksonville area office located at 1851 Executive Center Drive, Suite 227; telephone: (904) 232 2895.

OSHA area offices have a compliance assistance program, separate and distinct from its enforcement program, to assist employers in complying with trenching and excavation standards. OSHA is dedicated to assuring workers' safety and health. Safety and health add value to business, the workplace and life. For more information, visit the agency website at www.osha.gov.

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