Federal safety inspectors say they saw a Frankfort-based utility crew working in a trench more than 8 feet deep with nothing protecting them from a cave-in, and the proposed bill that followed is steep: $380,664 in penalties (via the U.S. Department of Labor).
The Occupational Safety and Health Administration cited Always Underground for three repeat violations and one serious violation, the Labor Department said in its Oct. 21 announcement. The inspection came out of OSHA's National Emphasis Program on trenching, the agency's ongoing push to get inspectors onto excavation sites, and it started when investigators spotted the crew working in the unprotected cut.
The release identifies the employer as Always Underground LLC and doesn't give an address. A Frankfort utility contractor named Always Underground, Inc. is listed with the Better Business Bureau at 24145 N. LaGrange Road, incorporated in April 2013.
The three repeat citations cover the basics of trench work. According to OSHA, the company didn't give workers a safe way to climb out of the trench, didn't install a protective system to guard against a cave-in, and didn't keep excavated dirt, other materials and equipment at least 2 feet back from the edge.
The serious citation was for not providing hard hats to protect workers from falling objects.
A "repeat" label matters. OSHA uses it when it has cited the same employer before for the same or a substantially similar hazard, and repeat items carry much higher penalties than first-time ones. That's a big part of why a single trench inspection added up to more than $380,000.
None of this is obscure. Under the federal excavation standard, every worker in an excavation has to be protected from cave-ins by an adequate protective system, unless the cut is entirely in stable rock or is less than 5 feet deep and a competent person has checked the ground and sees no sign of a potential cave-in.
Trenches 4 feet deep or more need a stairway, ladder, ramp or other safe way out, placed so nobody has to travel more than 25 feet sideways to reach it. Spoil piles, materials and equipment have to sit at least 2 feet from the edge, unless retaining devices are used to keep them from falling or rolling in.
At more than 8 feet deep, the trench OSHA described was well past both the 4-foot and 5-foot thresholds.
These are proposed penalties, not final ones. The company has 15 business days from receiving the citations to comply, ask for an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission. OSHA says the case status and any penalty changes will show up on its establishment search page.
Why it matters for Contractors
If you dig at all, whether it's sewer and water laterals, footings, drain tile or utility hookups, these are your rules too. They don't change based on crew size or how quick the job is supposed to be.
A quick gut check before anyone steps into a cut: Is it 4 feet or deeper? Then there needs to be a ladder or ramp within 25 feet of every worker. Is it 5 feet or deeper and not in solid rock? Then you need sloping, shoring or a trench box. Is the spoil pile at least 2 feet back from the edge? And is everyone wearing a hard hat?
Two other takeaways for small shops. First, OSHA's trenching emphasis program means inspectors are actively looking for open excavations, and this case started with investigators simply seeing workers in a trench. Second, a first citation is a warning shot. If the same problem shows up again, it can come back as a repeat violation at a much higher price.
OSHA also offers free compliance help, and its website has trenching and excavation safety resources worth a look before your next dig.