Pennsylvania contractor faces more than $250K in OSHA penalties after deadly trench collapse

By Rachael Lardani

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    FRANKLIN COUNTY, Pennsylvania (WGAL) — The U.S. Department of Labor has cited a Franklin County excavation contractor after a trench collapse killed a 20-year-old worker in April.

The Occupational Safety and Health Administration (OSHA) cited Jonas David Wagoner, doing business as J.D. Wagoner Excavating, for one willful violation, three serious violations and two repeat violations, according to the Labor Department.

Worker killed in trench collapse

Pennsylvania State Police identified the victim as Dalen Martin of Smithsburg, Maryland.

Investigators said Martin was working at a construction site on April 2 in the 700 block of Clover Drive in Hamilton Township when a trench collapsed on him. Martin died from injuries sustained in the collapse.

Below: Photos from the scene of the deadly collapse.

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OSHA investigation

OSHA opened its investigation the day of the collapse and determined employees were installing a storm sewer system about 12 feet below ground in a trench that was not adequately protected from a soil collapse, according to the Labor Department.

A section of the trench wall failed, causing unrestrained soil to engulf Martin, federal investigators said.

Issued violations

OSHA issued a willful violation after investigators found the company failed to protect workers from trench cave-ins, according to the Labor Department.

Authorities said the agency also issued two repeat violations, stating that the employer failed to assign a competent person to conduct daily trench inspections and remove workers from hazardous conditions.

There serious violations were also issued after investigators said the employer failed to:

Provide employees with construction hazard-prevention training. Establish a safe way for employees to exit the excavation. Keep materials at least two feet from the excavation’s edge. Prevent materials from rolling into the trench. Contractor can contest findings OSHA proposed $254,884 in penalties.

The employer has 15 business days after receiving the citations to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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