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OSHA News Release
2005 - 06/13/2005 - OSHA Cites Concrete Company After Fatal Accident

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Region 6 News Release: OSHA-05-1041-DAL
Monday, June 13, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221


OSHA Cites Concrete Company After Fatal Accident

DALLAS -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Site Concrete Inc. of Grand Prairie and proposed penalties totaling $147,000 following an excavation collapse that killed a worker at a Collin County construction site.

OSHA began its investigation Dec. 15, 2004 when a 23-foot deep excavation collapsed and killed a worker laying a pipe. Citations against the company alleged one willful, one serious and two repeat violations of safety standards.

"Site Concrete did not follow the excavation safety plan an engineer developed for them," said OSHA Regional Administrator John Miles in Dallas. "This employer has been cited four times since 2000 regarding the same violations and is well aware of what is required for cave-in protection."

The willful citation was issued for failing to provide employees with cave-in protection. OSHA issues a willful citation when there is evidence of the intentional violation of the Occupational Safety and Health Act or plain indifference to its requirements.

Failure to provide an appropriate ladder for employees to reach the 23-foot working depth accounted for the serious citation, one issued 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.

The two repeat citations were for failing to keep all materials at least two feet from the edge of excavations and for lack of fall protection while employees worked more than fifteen feet above the lower surface. A violation is designated as repeat when a similar citation for the same hazard was issued in the previous three years.

The company has 15 working days from receipt of the citations to comply, request an informal conference with the OSHA Dallas area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards may contact OSHA's Dallas area office at (214) 320-2400. To report workplace accidents, fatalities, or situations posing an imminent danger to workers, call OSHA's toll-free hotline number at 1-800-321-6742.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


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U.S. Labor Department releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.


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