The U.S. Department of
Labor's Occupational Safety and Health Administration has issued Gerardi
Sewer & Water Co. in Norridge eight willful, two serious and three
repeat safety citations for failing to protect workers from cave-ins
during trenching operations. The citations arose from work the company
performed in the Illinois villages of Elmhurst, Park Ridge, Oak Lawn and
Des Plaines. Gerardi faces proposed penalties of $360,000.
"Cave-ins are a leading cause of worker fatalities during excavations,"
said Assistant Secretary of Labor for OSHA Dr. David Michaels. "At each
of these four jobsites, Gerardi's president and foreman were present and
still failed to protect their workers despite their knowledge of
required safety procedures. This situation demonstrates a systemic
problem with the way this company approaches safety and demonstrates an
egregious disregard for workers' lives."
OSHA issued willful citations alleging that Gerardi failed to properly
protect workers from trench cave-ins, the result of four separate
inspections conducted under the OSHA Trenching and Excavation Special
Emphasis Program. The inspections occurred June 25 in Elmhurst, July 28
in Park Ridge, Sept. 21 in Oak Lawn and Nov. 17 in Des Plaines. A
willful violation is one committed with intentional knowing or voluntary
disregard for the law's requirements or with plain indifference to
worker safety and health.
OSHA standards mandate that all excavations 5 feet or deeper be
protected against collapse. Employees were found to be working at
varying depths from 5.9 to 8 feet without cave-in protection during the
inspections. Detailed information on trenching and excavation hazards is
available on OSHA's website at
http://www.osha.gov/SLTC/trenchingexcavation/index.html.
"OSHA implemented a Trenching and Excavation Special Emphasis Program in
the 1980s, so the industry is well aware of the safety regulations for
trenching operations," said OSHA Area Director Kathy Webb in North
Aurora, Ill. "Gerardi Sewer & Water has been inspected and cited by
OSHA numerous times. There is no excuse for noncompliance at its
jobsites."
Gerardi Sewer & Water Co. was issued repeat citations alleging that
employees failed to wear hard hats and high-visibility vests at the
Elmhurst site, and that Gerardi failed to provide a safe means of access
and egress for employees working in an excavation site in Des Plaines. A
repeat citation is issued when an employer previously has been cited
for the same or a similar violation of a standard, regulation, rule or
order at any other facility in federal enforcement states within the
last five years.
The company was issued serious citations for allegedly failing to ensure
that water accumulations were removed from a trench at both the
Elmhurst and Des Plaines sites. A serious citation is issued when there
is substantial probability that death or serious physical harm could
result from a hazard about which the employer knew or should have known.
This case meets the criteria for OSHA's Severe Violators Enforcement
Program. Initiated in the spring of 2010, SVEP is intended to focus on
recalcitrant employers who endanger workers by committing willful,
repeat or failure-to-abate violations. For more information on SVEP, go
to
http://www.osha.gov/dep/svep-directive.pdf*.
Prior to the four inspections detailed above, Gerardi Sewer and Water
Co. had been inspected by OSHA eight times since 1987, resulting in 15
prior citations.
Gerardi Sewer and Water Co. has 15 business days from receipt of the
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. Employers and
employees with questions regarding workplace safety and health standards
can call OSHA's North Aurora Area Office at 630-896-8700. To report
workplace incidents, fatalities or situations posing imminent danger to
workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).