Contractor Cited in Florida Employment Case for Safety

Jacksonville, FLA contractor that allegedly put workers from the Sunshine State in potential danger has been cited for Florida Employment safety violations, according to the US Department of Labor. In this case the alleged violations involved inadequate protection for workers while trenching along a highway, posing a risk for injury from cave-in hazards.

A release from the Department of Labor's Occupational Safety & Health Administration (OSHA) dated December 7 outlined the concerns raised by the department on behalf of workers in the employ of J&P Construction of Tuscaloosa, Alabama. The contractor, doing business as Jamison Construction, was cited by OSHA for exposing workers to cave-in hazards while installing storm drains along Highway 98 in Destin.

According to the release, one of two serious citations issued pertained to the allowance by the contractor for employees to work in a trench measuring eight feet in depth without proper training or experience to recognize hazards related to trenching. The second citation was issued for failing to have a ladder or other means of escape, or exit available. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The company was also issued a willful citation for unsafe Florida Labor practices for failing to have an adequate cave-in protection system in place while trenching. Such citations work in tandem with the various statutes entrenched in Florida Labor Law designed to protect worker's rights and their safety. To that end, a willful violation is the most discomforting, given OSHA's definition that suggests intentional disregard for the requirements of the law or just plain indifference to worker safety and health.

OSHA proposed a penalty of $38,500 attached to the willful citation, together with a proposed penalty of $7,000 for the two serious citations. Even though the latter penalty amount is smaller, the lack of a ladder for rapid escape from a trench in the event of a cave-in or collapse, coupled with the lack of training, is in step with OSHA's definition of a serious citation as representing an event where there is substantial probability of death or serious physical harm from a hazard within the purview of the employer.

OSHA standards require that all trenches and excavations five feet or deeper be protected against collapse. In similar fashion, Florida employment law contains provisions to shield workers from the failings of an employer when it comes to basic worker's rights, working conditions and safety.

"This employer knew there were trench boxes available at a nearby worksite, but chose not to use them and put the lives of its workers at risk," said James Borders, OSHA's area director in Jacksonville, Florida. "Disregarding the safety of workers is unacceptable, and OSHA will not tolerate it."