Construction contractors cited for exposing workers on a multi-employer worksite to excavation hazards

Employers' names: Hensel Phelps Construction Co. and CVI Development LLC

Citations issued: Sept. 3, 2015

Investigation findings: Hensel Phelps Construction and CVI Development were cited for one willful violation apiece for failing to adequately protect workers at the new central library project excavation site in downtown Austin. CVI Development was also cited for two serious violations: for failing to provide supports where material was excavated below a structure, and for not removing exposed workers from an excavation where the employer identified a hazardous condition. The U.S. Department of Labor's Occupational Safety and Health Administration initiated the March 2015 inspection at a construction site on West Avenue in Austin as part of its National Emphasis Program for Trenching and Excavations after receiving a complaint.

Proposed Penalties: Hansel Phelps Construction was fined $70,000 and CVI Development was fined $18,000.

Quote: "Excavation hazards are widely recognized in the construction industry and can have grave consequences when not addressed," said Casey Perkins, OSHA's area director in Austin. "Multi-employer worksites have overlapping and shared responsibilities for protecting workers and OSHA will continue to enforce its standards by holding all companies responsible when workers are exposed to hazards."

Link to the citations:

• https://www.osha.gov/ooc/citations/CVIDevelopmentLLC_1046044_0903_2015.pdf and
• https://www.osha.gov/ooc/citations/HenselPhelpsConstructionCo_1046163_0903_2015.pdf

Information: Hensel Phelps Construction, headquartered in Greeley, Colorado, and CVI Development, headquartered in Austin, have 15 business days from receipt of their citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Austin Area Office at 512-374-0271. For more information, visit http://www.osha.gov.