A Tale Of Two Trench Collapse Companies
Trench collapses on workers are all too common, yet they are even more preventable, which begs the question, “Why won’t some trenching companies follow basic life safety rules?”
by, Robert Box
Two separate companies have allegedly allowed trenches to collapse on workers by not following minimum safety requirements laid out by the Occupational Safety & Health Administration (OSHA).
First Dakota Enterprises, Inc. was cited by OSHA for a May, 2017 trench collapse on a 34-year-old, and Arrow Plumbing, LLC was cited for the death of a 33-year-old worker in December of 2016, also a result of a trench collapse.
Trench collapses on workers are all too common, yet they are even more preventable, which begs the question, “Why won’t some trenching companies follow basic life safety rules?” The answer, unfortunately, is, “They choose not to.” For example, Arrow Plumbing, LLC, fresh off of their 33-year-old worker being killed in a 12-foot deep trench collapse with no protections, was cited four months later for exposing two other workers in an 8-foot to 13-foot trench, again with no protections, according to OSHA.
Let’s go back to First Dakota Enterprises, Inc., located in Fort Pierre, South Dakota. OSHA issued proposed penalties of $95,064 allegedly stemming from a trench collapse onto a worker who was working in an unprotected 14-foot trench. On May 23, 2017, First Dakota Enterprises, Inc. was working on Emery, SD main sewer and water lines when a 14-foot trench collapsed around a worker, completely burying him. Workers frantically scraped away the soil to expose the worker’s head so he could breathe, but it took emergency personnel more than half an hour to free the worker.
The thing is, OSHA’s citation contained two “Repeat” violations. First Dakota Enterprises knew not to put workers in trenches greater than 5 feet deep without appropriate protections from trench collapse, yet they did it anyway because, it would appear, they chose to do so. The two repeat violations were:
- 29 CFR 1926.652(a)(1) – Each employee in an excavation shall be protected from cave-ins by an adequate protective system…, and
- 29 CFR 1926.651(j)(2) – Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations…
Trenching construction companies who choose not to ensure workers are protected from the hazards of trench collapse are an epidemic and the problem appears to be getting worse in the United States. Fifteen (15) workers have died in trench collapses nationwide this year as of June 1, 2017. For all of 2016, a total of twenty-three (23) fatalities occurred that were associated with trenches and excavations.
One might assume the epidemic stems from a series of companies with little experience being hit by a fatal trench collapses, but that doesn’t appear to be the case with these two companies. For First Dakota Enterprises and Arrow Plumbing, it appears near fatalities, and even fatalities, won’t disrupt forging ahead in the same old way –without taking basic, minimum safety measures to protect workers.
OSHA penalized the Arrow Plumbing, based in Belton, MO, nearly $300,000 ($294,059) for violations that lead to the death of D.J. Meyer in December of 2016. Four months later, fresh off the death of D.J. Meyer in a 12-foot deep trench, Arrow Plumbing allegedly allowed two workers to enter an unprotected trench that was 8-feet to 13-feet deep. OSHA posted proposed additional penalties against Arrow Plumbing of over $700,000 ($714,142).
Safety First Consulting is a contributor of SM Corridor News and helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results. In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections. You can read more from Robert Box under Business.
Know what I hate about the internet? Just about anyone these days can publish a blog, no matter how poorly written it is, and it passes for news…
The title makes it seem that these companies specialize in trench collapses.
“Trench collapses on workers are all too common, yet they are even more preventable…” Even more preventable than WHAT? Terrible sentence. Should read “yet they are completely preventable.” And it begs the question of “basic life safety rules”? They are basic safety rules, not LIFE SAFETY RULES.
For the record, the answer is not “Because they choose to.” The answer is MONEY and PRODUCTIVITY. It costs money for trench shoring to be purchased or rented and it costs productivity in setting up the protections.
Thank you for the feedback, Julio. I am glad you share my passion for safety.
We can disagree about why some trenching companies continually put workers in harm’s way, but I still believe it is because they choose to do so. You say “money” and “productivity” (lost time) are the reasons, but to me, that’s the same thing. It’s a choice. I don’t think money is as much of an argument as trench boxes are relatively inexpensive to purchase or rent, but you do have a point about productivity. It takes a little time to properly place those trench boxes. Either way, I see that as a choice. The companies choose not to do things safely.
Cannot the workers themselves hold some responsibility? After all, it is their body in that hole and no fine of any amount will bring their lives back. I think workers need to take a bit of responsibility, and use common sense. And no, I am not working or representing any company, I am just a housewife who reads OSHA reports every day. I am tired of reading of men killed or injured in trench collapses. IF it’s not shored, don’t go in! Simple as that.
Thank you for reading, Kristin. Unfortunately,it’s a bit more complicated than merely not going into a unprotected trench for many workers.
In some companies, if a worker is seen as impeding the process (e.g., raising safety concerns), that worker may not only ultimately lose his/her job, but that worker may be blackballed in that particular community.
In other cases, the worker may not even know there is a hazard. Some workers that crawl down into unprotected trenches are new to the trade, they may be temporary workers, etc. It’s safe to say many workers in trenches haven’t had trench safety training. If a company isn’t willing to use proper trench protections, why would they invest in properly training their workers?
In the US, OSHA does not fine workers for unsafe behaviors; only employers get fined. Interestingly, workers in parts of Canada can get fined (along with employers) for unsafe behaviors. How is it working? It appears very well. Here is an article I wrote on the subject a while back – http://www.safetyfirstconsulting.com/safety_consulting_safety_consultant_osha_compliance_austin_san_antonio_waco_houston_dallas_ft_worth_texas_blog/post.php?s=fining-unsafe-workers-has-it-worked-so-far
Kristin,
I’m disheartened by your response. As Robert said, it’s not as simple as that for a lot of workers. You mentioned you’re a housewife. Now, God forbid, your husband didn’t make it home from work that day after a workplace incident. I’m fairly certain your mind won’t go immediately to blaming your husband for doing something wrong. Most people would wonder “why did the company let him do something like that?” or “why didn’t they have a guard on that”, etc. These employers are in the business of trenching and excavation. They KNOW the rules. Some employees don’t. If the employers can’t safely protect the workers while they’re doing their every day jobs, they shouldn’t own the company. Period.
I hope your husband always makes the sound and safe choice at his work.