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Client faces $139,684 in penalties in temp's fatal injury: OSHA

May 15, 2018

The US Department of Labor’s Occupational Safety and Health Administration cited Huntsville, Ala.-based All Power Construction Corp. and its staffing provider, Labor Finders of Tennessee Inc., after a temporary employee installing sewer lines suffered a fatal injury in a trench collapse. 

OSHA issued willful and serious citations to All Power Construction for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards. The company faces $139,684 in proposed penalties.

Labor Finders of Tennessee faces $12,934 in proposed penalties, the maximum allowed, for one serious violation for not ensuring that employees were trained on trenching and excavation hazards.

“Employers are responsible for ensuring their worksites are free of recognized hazards,” said Ramona Morris, OSHA Birmingham area office director. “This tragedy could have been prevented had the employer followed the necessary steps to ensure that protective systems were used.”

The investigation was part of OSHA’s National Emphasis Program on Trenching and Excavation. The companies have 15 business days from receipt of its citation and penalties to respond.