Failing to Train Workers in Safety Procedures Can Lead to Workplace Deaths
At Silverman, McDonald & Friedman, we help clients in and around Seaford, Wilmington and Newark who have been hurt at work, contracted an occupational disease or need assistance filing a workers’ compensation claim. Please contact us to schedule a consultation.
Providing employees with the equipment and training that they need to do their job safely is a basic responsibility of an employer. According to the Occupational Safety and Health Act of 1970, employees are responsible for providing a safe and healthful workplace. No person should ever have to be injured, become ill or die for a paycheck. (OSHA) Because of its role as the federal agency with oversight for workplace safety, OSHA provides safety and training materials that employers can use to train their employees so that they can gain the skills and knowledge to perform their duties safely.
Fatal trench collapse caused by lack of basic safety training and safeguards
OSHA reported on two construction workers who died in October 2016 when the 12-foot trench in which they were working collapsed, breaking a fire hydrant supply line and quickly filling the trench with water. An OSHA investigation found that their employer failed to provide even the most basic safety measures to prevent the trench from collapsing. It turns out that this employer had been cited by OSHA for the same hazardous conditions and they knew what safeguards were needed to protect their employees, but they chose to ignore their responsibility.
The employer failed to:
- Install a support system that would protect employees in a 12-foot trench to prevent cave-ins and prevent the hydrant from collapsing
- Remove the employees from the hazardous conditions in the trench
- Train the workers how to identify and address hazards associated with working in a trench and dong excavation work
- Provide a ladder that would be available at all times so that they could exit the trench quickly
- Provide employees with hardhats and eye protection
The company received 18 violations of workplace safety standards, and OSHA is proposing $1,475,813 in penalties for those violations. Osha cited the company in 2007 and 2012 for similar workplace hazards.
The company owners were indicted on two counts of manslaughter and other charges in connection with the two workers’ deaths in February 2016 in Suffolk County, Massachusetts.
The skilled Delaware workers’ compensation lawyers at Silverman, McDonald & Friedman are here to guide you as you navigate the claims process. We encourage you to contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with a dedicated workers’ compensation lawyer in Wilmington, Newark or Seaford today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.