At 6:15 p.m. on August 19, 2022, two employees, 19 and 22, were digging a trench with an Excavator for a storm sewer line that was located in the center of a new multi-residential housing complex that was under construction. The trench was approximately 29 feet long by 16 feet wide and 7 feet 6 inches deep. Both employees entered into a manhole section of an existing sanitation sewer line that was located approximately 6 feet from the trench. Both employees lost consciousness in the manhole section.
The EHS service that attempted to rescue the employees noted that the oxygen levels were 12.1%.
The employer had completed this sanitation sewer line before working on the storm sewer line.
The employer did not have a means of testing the atmosphere in the manhole section, and the employees were not trained on OSHA requirements for working around and entering into confined spaces.
Both employees died of asphyxiation.
| Violations/Penalties | Serious | Willful | Repeat | Other | Total |
|---|---|---|---|---|---|
| Initial Violations | 5 | 5 | |||
| Current Violations | 5 | 5 | |||
| Initial Penalty | $33,484 | $0 | $0 | $0 | $33,484 |
| Current Penalty | $33,484 | $0 | $0 | $0 | $33,484 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | Contest | Latest Event |
|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19260652 A01 | 02/03/2023 | $4,465 | $4,465 | 02/28/2023 | C – Contested | |
| 2. | 01002 | Serious | 19261052 B03 | 02/03/2023 | 03/02/2023 | $3,572 | $3,572 | 02/28/2023 | C – Contested |
| 3. | 01003 | Serious | 19261052 C01 | 02/03/2023 | 03/02/2023 | $3,572 | $3,572 | 02/28/2023 | C – Contested |
| 4. | 01004 | Serious | 19261203 A | 02/03/2023 | 03/02/2023 | $6,250 | $6,250 | 02/28/2023 | C – Contested |
| 5. | 01005A | Serious | 19261204 C | 02/03/2023 | 03/02/2023 | $15,625 | $15,625 | 02/28/2023 | C – Contested |
| 6. | 01005B | Serious | 19261205 A | 02/03/2023 | 03/02/2023 | $0 | $0 | 02/28/2023 | C – Contested |
| 7. | 01005C | Serious | 19261207 A | 02/03/2023 | 03/02/2023 | $0 | $0 | 02/28/2023 | C – Contested |
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