October 13, 2009 – Michigan Department of Energy, Labor & Economic Growth (DELEG) Director Stanley "Skip" Pruss today announced the Michigan Occupational Safety and Health Administration (MIOSHA) has cited Imperial Construction Company, of Detroit, with $131,600 in proposed penalties for allegedly failing to adequately protect employees from trenching and excavation hazards.

"This employer exposed his employees to trenching hazards which led to the death of one worker," said Pruss.  "This tragic workplace fatality could have been avoided.  It is critical for this employer, and all construction employers, to protect their workers from the risks of cave-ins and other excavation hazards."

Excavation protection is essential, since the sides of a trench can collapse with great force and without warning, burying workers beneath tons of soil before they have a chance to react or escape.  To ensure worker safety at excavations more than five feet deep, walls must be sloped or shored, or trench shields or boxes must be used, to prevent serious injuries or fatalities.

Imperial Construction Company, Inc. was contracted by the city of Detroit to do water main repair work.  On July 7, 2009, three employees were working on a residential water main break at 18844 Healy St. in Detroit.  The employees were working in an excavation approximately 7 ft. deep, 5 ft. wide and 6 ft. long.  Soil in the area was water saturated and the conditions were dangerous.

One employee was undercutting the roadway with a shovel to expose the water main at the bottom of the excavation.  The sides of the excavation suddenly collapsed, along with the overhanging concrete, trapping 36-year-old worker Jose Aguilar.  Detroit fire and rescue personnel worked for more than two hours to rescue Aguilar, who was pronounced dead at a local hospital.  A second employee was almost engulfed but managed to escape without apparent injury.

This employer is well aware of the MIOSHA trenching requirements.  An inspection conducted by the MIOSHA Construction Safety and Health Division on March 6, 2009, revealed dangerous excavation conditions, similar to those in this investigation.  That inspection (#308889591) is under appeal.  The company has been inspected six times in the last five years and has been issued:  one Willful violation, 10 Serious violations and three Other-than-Serious violations.

"Unprotected excavations are among the deadliest construction hazards in Michigan.  Workers are vulnerable, even in excavations that aren't very deep," said MIOSHA Director Doug Kalinowski.  "Every excavation over five feet must be shored or sloped.  Workers should never be put at risk because an employer cuts corners."

Underground utility construction work can be extremely hazardous.  In Michigan, only a small percentage of construction employees are engaged in underground work, but a disproportionate number of these workers are killed in trench cave-in accidents.  Since 2003, statistics indicate eight construction workers have been killed in trench accidents in Michigan.

Trench sloping and support systems are required by the MIOSHA Construction Safety Standard, Part 9, Excavation, Trenching, and Shoring.  This standard covers the digging of excavations and trenches that an employee is required to enter, and the supporting systems used on construction operations.  Part 9 also requires a trained and experienced "qualified person" to evaluate excavation hazards.

Imperial Construction Company received a combined total of four alleged Willful violations with a proposed penalty of $128,800; and one alleged Serious violation with a proposed penalty of $2,800, for a total proposed penalty of $131,600.

Inspection – #307766014 – Part 9, Excavation, Trenching, and Shoring − Violations
Rule Number    Description                                                   Classification   Penalty
Rule 932 (5)       No ongoing inspection by qualified person         Willful Serious   $   19,600
Rule 933 (1)       Street/sidewalk not supported or removed         Willful Serious   $   19,600
Rule 933 (2)       Spoils pile retained at edge of excavation          Willful Serious   $   19,600
Rule 941 (1)       Excavation not properly sloped/shored              Willful Serious   $   70,000
Rule 942 (2)       No design for lumber for support system                     Serious   $     2,800
Total Proposed Penalty                                                                                $ 131,600

Based on repeated demonstrated indifference to several provisions of the trenching standard, the Willful classification of four Serious violations has been documented.  To achieve the appropriate deterrent effect, the maximum penalty is warranted for the alleged Willful violation identified in this inspection that the excavation was not properly sloped/shored.

A Willful violation is one committed with an intentional disregard of the requirements of MIOSHA regulations, or plain indifference to employee safety and health.  A Serious violation exists where there is a substantial probability that serious physical harm or death can result to an employee. An Other-than-Serious violation indicates a hazard exists and could cause injury, but probably would not result in death or serious physical harm.

The company has 15 working days from receipt of the citations to comply or contest the violations and penalties.  (Following is a Summary of Violations.)