What Injured Workers
Need to Know
Construction Accident Law in New York
Construction Injuries
- Amputation
- Spinal Cord Injuries
- Nerve Damage
- Neck Injuries
- Herniated Disc
- Radiculopathy
- Back Injuries
- Brain Injuries
- Head Injuries
- Eye Injuries
- Loss of Hearing
- Internal Injuries
- Fractures
- Crush Injuries
- Burn Injuries
- Electric Shocks
- Knee Injuries
- Arthritis
- Meniscal Tears
- Chondromalacia
- Shoulder Injuries
- Sprains, Strains, and Pain
- Wound Infections
- Scarring
Trench Collapse: Fatal Fact #61
Construction Company Type: Excavation Work
Accident Description:
An employee was working in a trench 4 feet wide and 7 feet deep. About 30 feet away a backhoe was straddling the trench when the backhoe operator noticed a large chunk of dirt falling from the side wall behind the worker in the trench, he called out a warning. Before the worker could climb out, 6 to 8 feet of the trench wall had collapsed on him and covered his body up to his neck. He suffocated before the backhoe operator could dig him out. There were no exit ladders. No sloping or shoring had been used in the trench.
OSHA Recommendations:
- The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment to control or eliminate any hazard or other exposure to illness or injury [29 CFR 1926.21(b)(2)]
- The employer should not allow work in trenches where the sides were not shored or otherwise supported when the trench is 5 feet or deeper and 8 feet or longer [new standard 29 CFR 1926.652(a)].
- The employer allowed workers in trenches more than 4 feet deep without adequate means of exit, such as a ladder or steps [new standard 29 CFR 1926.651(c)(2)].
Inspection Results
As a result of its investigation, OSHA issued citations alleging three serious violations. OSHA's construction standards include several requirements which, if they had been followed here, might have prevented this fatality.
Sources of Help
- Title 29 Code of Federal Regulations (CFR) Part 1926 -- OSHA construction standards. Revised 7/1/92. Stock number 869-017-00122-1 ($14). Available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402-9325, phone 202/783-3238. For phone orders you may use a GPO deposit account, Visa, MasterCard or checks made payable to Superintendent of Documents.
- For Information on OSHA-funded free consultation services call the nearest OSHA area office listed in telephone directories under U.S. Labor Department or under the state government section in states administering their own OSHA programs.
- OSHA Safety and Health Training Guidelines for Construction (Available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; phone 703/487-4650; Order No. PB-239-312/AS) $19, to help construction employers establish a training program.
- Courses in construction safety are offered by the OSHA Training Institute, 1555 Times Drive, Des Plaines, IL 60018, (phone 708/297-4810).
Accident Details: Trench Collapse |
|
| Company Type: | Excavation Work |
| Crew Size: | 2 |
| Union/Collective Bargaining? | No |
| Weather: | Fair |
| Worksite Inspection? | No |
| Designated Competent Person on Site? | No |
| Employer Safety and Health Program? | No |
| Training and Education for Employees? | No |
| Craft of Deceased Worker(s): | Laborer |
| Age / Sex of Deceased Worker(s): | 51; male |
| Experience or Time on Job: | 6 months |
| Time on Project: | 2 days |
Our lawyers have recovered hundreds of millions of dollars on behalf of injured clients.


