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Judge Orders Construction Firm to Pay $59,000 for Trenching Violations

Published by OSHA Release Date: January 29, 2012

An administrative law judge with the Occupational Safety and Health Review Commission has found that Newport, Del.-based Daisy Construction willfully violated OSHA's trenching standards and ordered the company to pay $59,000.00 in penalties.

Dennis L. Phillips' decision resolves litigation that followed citations issued by OSHA based on a 2010 investigation. Two willful violations were failing to provide employees working in a trench with an adequate protection system to prevent cave-ins and protect employees by removing them from the unprotected trench. One serious violation was failing to instruct employees on how to recognize and avoid unsafe conditions. The company contested the citations, and the case was litigated before the commission.

The decision upholds the willful and serious classifications of the violations and it could become a final order of the commission on or about Feb. 13 unless a petition for appeal is filed.

"This decision is a victory for excavation workers who regularly face dangerous trenching conditions, and underscores the Labor Department's commitment to pursue workplace safety and health violators to the full extent of the law," said Robert Kulick, OSHA's acting regional administrator in Philadelphia. "Employers have a legal obligation to ensure that proper precautions are taken to prevent cave-ins."

No-Cost Excavator Education Offered in Pennsylvania

Pennsylvania One Call System, Inc. is excited to announce the launch of our new Excavator Program! This no-cost evening program will be offered throughout the Commonwealth and is designed for Excavators, Facility Owners and anyone in the underground utilities industry interested in safety. This 2 hour program focuses on safe digging practices and outlines responsibilities under PA Act 287 (as amended). Through the use of videos and PowerPoint presentations you can expand your knowledge of this crucial issue and better protect yourself, your co-workers and the general public. As an added bonus, we will be playing a game of Jeopardy at the end of the program with prizes for the contestants! So come on out, put your name in to be chosen as a contestant and show everyone what you know about PA One Call!

We begin with registration and a light dinner at 5:00 PM with the program continuing from 6:00 PM to 8:00 PM. Ten programs will be offered in February and March:

ALLEGHENY COUNTY, Comfort Inn Conference Center, 699 Rodi Rd., Pittsburgh – 02/28/12
CLARION COUNTY, Holiday Inn, 45 Holiday Inn Dr., Clarion – 03/13/12
CRAWFORD COUNTY, Day’s Inn, 18360 Conneaut Lake Rd., Meadville – 02/29/12
CUMBERLAND COUNTY, Hampden Twp ER Bldg, 1200 Good Hope Rd., Mechanicsburg – 03/21/12
LACKAWANNA COUNTY, Hilton Conference Center, 100 Adams Ave., Scranton – 02/27/12
LANCASTER COUNTY, American Legion Post 34, 1388 Arcadia Rd., Lancaster – 03/22/12
LEHIGH COUNTY, Schnecksville Fire Co., 4550 Old Packhouse Rd., Schnecksville – 02/02/12
MONTGOMERY COUNTY, Upper Providence Fire Co., 1301 Black Rock Rd., Phoenixville – 02/07/12
TIOGA COUNTY, Mansfield Hose Company, 381 S Main St., Mansfield – 02/07/12
WASHINGTON COUNTY, Double Tree by Hilton, 340 Race Track Rd., Washington – 02/21/12

The event is free but pre-registration is required! To register for one of our programs, click here:
http://www.pa1call.org/pa811/Public/Events/Public/POCS_Content/MyAccount/Events_Calendar.aspx?hkey=d0c90d15-d7fd-441d-a71d-4c637d08659d

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Pennsylvania One Call System, Inc.
Our purpose is to prevent damage to underground facilities. To promote safety, we provide an efficient and effective communications network among project owners, designers, excavators, and facility owners. Know what’s below. Dial 811 before you dig.

PA One Call website release 01-30-2012.