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SAFETY / OSHA - 3/21/08

OSHA proposes $155,000 in penalties against Naples, Fla., construction contractor

OSHA has proposed $155,000 in penalties against John Carlo Inc. for two alleged willful and three alleged serious violations uncovered during an inspection of a company construction site in Naples, Fla.

OSHA issued two willful violations against the company with $140,000 in proposed penalties for failing to provide cave-in protection to employees working inside an excavation that contained unstable soil, and for allowing excess soil to be placed too close to the edge of the trench wall. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Three serious violations with proposed penalties totaling $15,000 were issued to address deficiencies in the employer's training program, employee exposure to hazards from ductile iron pipe being lifted overhead, and employees using a ladder that was too short on an unstable surface. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

"Having employees work unprotected in a deep trench with unstable soil is a recipe for disaster," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "Being behind schedule is no excuse for gambling with employees' safety."

The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone 954-424-0242.

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