In the Trenches: OSHA Cites R.I. Contractors For Exposing Workers to Cave-in Hazards at Sites

Infrastructure improvements mustn’t come at the expense of workers’ safety.

The sidewalls of an unprotected trench can collapse without warning and with great force – crushing and sometimes suffocating workers beneath tons of soil and debris – before they can react or escape. A federal inspection at a Warwick excavation found two area contractors ignoring the risks and placing their workers in serious danger, OSHA announced yesterday.

On July 8, a U.S. Department of Labor Occupational Safety and Health Administration inspection at a sewer installation site 1129 Main Ave. in Warwick determined employees of Reyes Landscaping Inc. – doing business as Reyes Landscaping & Masonry in Johnston – and TRD Contracting LLC in Greenville, were working in a 5 to 8 foot deep trench without cave-in protection. Adding to the hazard, the employer allowed soil removed from the trench to pile up at the trench’s edge, causing some materials to fall back into the trench.

Inspectors also identified the following hazards:

• A competent person – one with the knowledge and authority to identify and correct hazards – did not inspect the trench before starting work.
• The employees lacked helmets to protect against falling objects.
• Using an inadequate ladder to enter and exit the trench.
• Using an uninspected and unlabeled steel alloy chain sling to lift objects.

OSHA returned to the work site on July 13 and found that Reyes Landscaping had not corrected the hazards, continuing to expose its employees to cave-in and struck-by hazards in a 9 foot, 6 inch deep trench. As a result, OSHA cited Reyes Landscaping for two willful and five serious violations, with $63,586 in proposed penalties for hazards observed on both dates. Separately, the agency cited TRD Contracting for four serious violations, with $11,704 in penalties, for the July 8 hazards.

“An unprotected trench can be an early grave. While no collapse occurred in Warwick, the danger to these workers was real and imminent. One cubic yard of soil can weigh as much as a small car,” said OSHA Area Director Robert Sestito in Providence, Rhode Island. “For the safety and survival of their employees, employers must ensure that workers enter trenches only after adequate protections are in place to address cave-ins and related hazards.”

In 2019, trench collapses caused 24 deaths in the construction industry, data from the Bureau of Labor Statistics shows. OSHA’s National Emphasis Program on Trenching and Excavations encourages employers to develop and implement safety procedures and train their workers on recognizing potentially hazardous situations. Learn more about trenching and excavation safety.

Each employer has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance.

OSHA: Federal Law Violated When Employer Fired Employee for Expressing Covid Concerns

The government properly calls the employer to account for this action.

As the coronavirus began to spread rapidly across the nation in March 2020, an employee of one of the world’s largest manufacturers of light, medium and heavy-duty trucks told a supervisor of their concerns about exposure to the virus at the Denton facility.

In response, a representative of PACCAR Inc. – doing business as Peterbilt Motor Co. – told the employee that the company planned to clean work spaces and continue work as usual. After Paccar later learned the employee expressed concerns publicly about the company’s response and their concern for the safety of other employees, the company fired the employee.   

A subsequent investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration found the employee engaged in protected activity by raising their workplace safety concerns, and that the company’s retaliation violated federal whistleblower protections.

On Nov. 17, the department’s Office of the Solicitor filed suit against PACCAR Inc. in the U.S. District Court for the Eastern District of Texas. In its action, the department asks the court to order the company to comply with anti-retaliation provisions in the Occupational Safety and Health Act; reinstate the employee to his former employment position with the company, pay the employee back wages, interest, compensatory and punitive damages and other remedies; and expunge the employee’s personnel record.

“Our investigation found that PACCAR terminated a worker for reporting their concerns that the company’s response to the dangers of the coronavirus would not prevent its spread,” said Regional OSHA Administrator Eric S. Harbin in Dallas. “Every worker has the right to report safety concerns of any kind without fear of retaliation.”

“The U.S. Department of Labor will hold employers accountable when they retaliate against workers who raise safety concerns for themselves and their co-workers,” said Regional Solicitor of Labor John Rainwater in Dallas. “At the same time, the department will work vigorously to ensure a worker’s legal right to a safe and healthy workplace is protected as the law provides.”

Headquartered in Bellevue, Washington, PACCAR Inc. is one of the world’s largest manufacturers of medium- and heavy-duty trucks. It also designs and manufactures trucks under the Kenworth, Peterbilt, Leyland Trucks and DAF brands.

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of the OSH Act and more than 20 whistleblower statutes. These statutes protect employees from retaliation for reporting violations of workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities and tax laws; as well as for engaging in other related protected activities. Learn more about whistleblower protections.

Over the Limit: Crane Company Fined $24K for Firing Worker Who Wouldn’t Violate Driving Laws

Hurray to this worker who stood up for safety!

A federal whistleblower investigation led the U.S. Department of Labor’s Occupational Safety and Health Administration to order a Houston mobile crane rental company to pay a former employee nearly $24,000 in back wages, interest and damages after firing the worker in June 2020 for refusing to drive in excess of federal limits and reported fatigue.

OSHA determined Crane Masters Inc. violated the Surface Transportation Assistance Act when it retaliated against the employee on June 5, 2020, for refusing to exceed safe driving limits set by the Federal Motor Carrier Safety Administration. The employee worked 19 hours the day prior and could not get the required time off before returning to work– making it unsafe to operate a vehicle. The investigation led OSHA to order the company to pay the driver nearly $14,000 in back wages, interest and compensatory damages, and $10,000 in punitive damages. 

“Crane Masters Inc. punished a driver who refused to jeopardize their safety and that of others on the road by violating federal laws that restrict how many hours a truck driver may operate a commercial vehicle each day,” said OSHA Regional Administrator Eric Harbin in Dallas. “Commercial truck drivers, mechanics and other workers are critical to our nation’s transportation infrastructure and our economy, but they should never be forced to put themselves or others at risk because of an employer’s concern for profit, or fear retaliation for exercising their legal rights.”

Crane Masters provides hydraulic truck cranes and rigging services to several industries, including construction, oil and gas, freight transportation and chemical manufacturing. It has operated for 20 years and serves the greater Houston area.

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering laws and for engaging in other related protected activities. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

OSHA: Worker Safety Paramount in Busy Season

The holiday shopping season is no time to slack off on worker protections.

With the National Retail Federation expecting retailers to hire more than 500,000 seasonal workers and employers hopeful for a busy holiday season, the U.S. Department of Labor reminds them not to overlook their worker’s rights to a safe and healthy workplace and to be paid all of their legally earned wages. With many businesses open for in-person shopping in 2021, employers must also take steps to control and prevent coronavirus spread.

The department’s Occupational Safety and Health Administration urges employers to ensure it properly trains all workers – especially new and seasonal workers – to recognize and prevent workplace hazards. OSHA offers resources on holiday workplace safety for warehousing, delivery and retail workers. Guidance is also available for protecting retail workers, including those in high customer-volume environments, stockrooms and loading docks, and package delivery from coronavirus exposure.

OSHA offers additional information on workers’ rights and protections, the protection of temporary and seasonal workers, as well as safety for young workers.

“The holiday season is typically a very busy time for businesses, and just as consumer demands increase, so must an employer’s awareness of keeping their employees safe,” said Assistant Secretary of Labor for Safety and Health Doug Parker. “All workers – from those starting their first job to those making some extra money as a seasonal worker to those year-round employees – are entitled to a workplace free from hazards and to be trained in a language they understand to recognize and prevent hazards.”

The department also encourages employers, especially those unfamiliar with seasonal and part-time hiring, to familiarize themselves with federal wage rules to make sure they pay temporary and seasonal workers all of the wages they earned, and as the law requires. The Wage and Hour Division finds failing to pay salespeople and cashiers for time spent prepping or closing out registers, requiring stock room and warehouse personnel to work through breaks without pay, and not paying workers overtime pay when required are among the most common violations cited in holiday employment investigations.

“This holiday season, and all year round, workers deserve dignity and respect from their employers,” said Acting Wage and Hour Administrator Jessica Looman. “Employers should ensure their payroll practices comply with all minimum wage, overtime and child labor requirements so those who depend on their wages to care for themselves and their families are able to benefit from their hard work.”

Learn more about OSHA.

Learn more about the Wage and Hour Division.

OSHA Eases Path Into Voluntary Programs

Employers in this program have something more to be thankful for.

A new online portal for submitting applications to the U.S. Department of Labor Occupational Safety and Health Administration’s Voluntary Protection Programs is now available. The new portal modernizes the application process for companies that qualify for VPP and makes it easier for candidates to start, continue and get assistance with submitting their applications.

“Companies in the Voluntary Protection Programs go above and beyond basic OSHA requirements and strive to create a culture of safety,” said Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. “This important program comprises sites that serve as models of excellence and influence safety and health practices in all industries.”

The portal allows OSHA to review applications in real time, and help companies correct errors or omissions quickly. Applicants can use the portal to upload electronic versions of supporting documentation, and they can stop and complete their application at a later time without having to restart. Alternatively, after completing an applicant profile, they may download an application form to complete offline, and submit their application materials by mail.

OSHA developed the VPP Portal as part of the agency’s efforts to continue representing safety and health excellence, leverage resources, accommodate effective administration of VPP and support smart program growth. The agency developed the portal with input from external stakeholders and OSHA staff. Qualified companies with mature safety and health management systems can apply to VPP using the new system.

OSHA adopted VPP on July 2, 1982, to recognize cooperative action among government, industry, and labor as a means of addressing worker safety and health issues and expanding worker protection.

Learn more about OSHA’s Voluntary Protection Programs.

Driver for Change: Greyhound Settles With EEOC Over Forbidding Muslim Applicant to Wear Abaya

On this Thanksgiving eve, a reminder of the respect the law calls for in accommodating employees’ religious practices.

Greyhound Lines Inc., the nation’s largest intercity bus common carrier, will pay $45,000, train its human resources managers and hiring officials on religious accommodations and furnish other significant relief to settle a federal religious discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced yesterday.

According to the EEOC’s suit, a Muslim woman whose religious practice included wearing an abaya while in public applied to be a driver in Greyhound’s training program. An abaya is a loose-fitting ankle-length over-garment that conceals the outline of the wearer’s body and its purpose is to protect the female wearer’s modesty. During Greyhound’s job interview with the applicant, she asked if she could wear the abaya, and was told that the abaya would not be a problem. Greyhound then accepted the applicant into its training program, and at that time, notified her that she could not wear the abaya. Greyhound advised that she would have to wear its uniform, with slight modifications, but positively rejected the abaya. Greyhound said it believed that this accommodation was sufficient because it was accepted by another Muslim employee. The applicant could not accept Greyhound’s proposed accommodation and withdrew from the training program.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and requires employers to reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs unless it would pose an undue hardship. The EEOC filed its lawsuit in U.S. District Court for the District of Maryland, Baltimore Division (EEOC v. Greyhound Lines, Inc., Civil Action No. 1:19-cv-01651-ELH), after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the $45,000 in monetary relief to the applicant, the two-year consent decree resolving the suit enjoins Greyhound’s officers and management employees with supervisory responsibility from discriminating based on religion. Greyhound will provide training on religious accommodations that addresses the importance of interactive communication and flexibility in discussing potential solutions that resolve the conflict between a genuinely held religious belief and some aspect of an individual’s employment. The company will also report to the EEOC on how it handles any religious accommodation requests and post a notice regarding the settlement.

“The EEOC is gratified that Greyhound worked with us to reach an amicable settlement which compensates the applicant and ensures that no employees or applicants are discriminated against based on religion,” said EEOC Regional Attorney Debra M. Lawrence.

EEOC Philadelphia District Office Director Jamie R. Williamson added, “Our right to exercise our religious beliefs is one of our most precious freedoms. This settlement should send a strong message to all employers about the need to provide a religious accommodation. Most religious accommodations can be done easily and without incurring an undue hardship.”
 
The EEOC Philadelphia District Office has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio. The legal staff of the EEOC Philadelphia District Office also prosecutes discrimination cases arising from Washington, D.C. and parts of Virginia.

$150K Later, Medical Center Settles ADA Suit Over Schedule Adjustment Denial for X-Ray Tech

Another employer tripped up by a my-way-or-the-highway thinking on disabilities’ accommodation.

The former owner of West Suburban Medical Center, an Oak Park, Illinois hospital will pay $150,000 to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced Monday.
 
According to the EEOC’s lawsuit, West Suburban Medical Center violated federal civil rights laws by failing to provide a radiology technician the reasonable accommodation of a temporary, part-time schedule in January 2016, keeping her on unpaid leave instead. The suit also alleged that even after she no longer required a reasonable accommodation, the hospital refused to allow her to return to work, and instead terminated her in July 2016.

Such alleged conduct violates the Americans with Disabilities Act, which prohibits discrimination based on disability, including the failure to provide a reasonable accommodation. The EEOC filed suit in U.S. District Court for the Northern District of Illinois (EEOC v. VHS West Suburban Medical Center LLC; Pipeline West Suburban Medical Center, 20 cv 03579), after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC had named Tenet Healthcare, an affiliate of VHS West Suburban Medical Center, as a defendant, with VHS West Suburban Medical Center later substituted as a defendant in place of Tenet Healthcare. The EEOC also alleged that Pipeline West Suburban Medical Center, the current owner of West Suburban Medical Center, is liable, as a successor, for the former owner’s discrimination.
 
Under the four-year consent decree settling the suit, VHS West Suburban Medical Center will pay $150,000 to the former employee. The decree provides that Tenet Healthcare and Pipeline West Suburban Medical Center are also jointly and severally liable for the monetary relief. VHS West Suburban Medical Center will also be required, should it resume operation of any facility in Illinois, to provide updated policies regarding disability discrimination and reasonable accommodations, will be required to provide annual trainings at any Illinois facilities about the ADA, and will be required to maintain records of requests for reasonable accommodations and report such requests to the EEOC.
 
“The employee in this case was told that she could only return to work once she had no restrictions,” said Julianne Bowman, the district director of the EEOC’s Chicago office. “Under the law, however, if an employee is able to do the essential functions of her job and accommodating the restrictions would not be an undue hardship, an employer simply cannot insist on ‘no restrictions’ or ‘fully healed’ as conditions for allowing someone to earn a living.”
 
Gregory Gochanour, the regional attorney of the EEOC’s Chicago office, added, “The decree provides significant relief to the employee who suffered discrimination. Further, though, the decree requires VHS to make changes to any policies in place at its Illinois facilities to prevent discrimination like this from happening again.”
 
The EEOC’s Chicago District Office is responsible for processing charges of employment discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

OSHA Issues Reminder on Seasonal Workers

Every season is a season for ensuring workers’ safety.

As the nation enters the holiday shopping season, employers must ensure that all workers are trained to recognize and prevent job hazards, and incorporate safe work practices to prevent coronavirus spread. OSHA has resources to help keep workers safe at every step along the way whether you’re shopping at retail stores or getting gifts delivered from the warehouse to your home.

For a list of those resources, click here.

Safety Pledges Announced for Obama Library

Construction of presidential libraries mustn’t cut corners on workers safety.

The U.S. Department of Labor’s Occupational Safety and Health Administration, Illinois On-Site Safety and Health Consultation Program, Lakeside Alliance and key participants have signed a strategic partnership to prevent serious hazards and enhance workplace safety and health practices for workers constructing the Obama Presidential Center in Jackson Park on Chicago’s South side.

The Lakeside Alliance is a joint venture between Powers & Sons Construction Co., UJAMAA Construction Inc., Brown & Momen Inc., Safeway Construction Co. and Turner Construction Co.

“Construction safety requires planning ahead to work safely, using the right equipment and training employees about hazards and safety precautions,” said OSHA’s Chicago South Area Director James Martineck in Tinley Park, Illinois. “OSHA’s partnership aims to protect the thousands of workers bringing the Obama Presidential Center to reality. Compliance and cooperation efforts by all parties on this project will maintain a safe and healthy work environment.”

Lakeside Alliance will implement a strategic safety and health system patterned after OSHA’s “Recommended Practices for Safety and Health Programs in Construction.” The partnership calls for all contractors on-site to perform daily audits, and for all employees to receive a site-specific construction safety orientation covering jobsite safety and health issues and work procedures. Additionally, bilingual safety and health instructors will provide training to all workers in their language.

“The Lakeside Alliance will work with program partners to develop an extraordinary team culture creating a comprehensive safety and health management system that demonstrates a high standard of care for each other. This inclusive approach identifies and mitigates risks, engages those closest to the risk, provides training to increase capabilities, and integrates a risk analysis observation process with feedback to coach, support and recognize safe practices,” added Michael Blackburn, Lakeside Alliance’s safety representative.

The partnership will address common construction hazards, such as excavation, trenching and falls, the development of effective safety and health management systems and a focus on educating employees and employers about workers’ rights and employers’ responsibilities under the Occupational Safety and Health Act.

Smelling Better: Septic Tank Co. Pays $82K to Settle Same-Sex Harassment, Retaliation Suit

The agreement helps remove the stench from these quite serious allegations.

Shelley’s Septic Tank, Inc., a Florida company operating in the Orlando area, has agreed to pay $82,500 and furnish other relief to settle a same-sex sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced Wednesday.
The EEOC charged that Shelley’s violated federal law when a driver was sexually harassed by the company’s owner and fired in retaliation for complaining to the sheriff’s office about the harassment.

According to the EEOC’s lawsuit, the company’s male owner repeatedly made sexually charged comments to a male employee. He also engaged in unwelcome physical contact with the employee. After repeatedly objecting to the inappropriate conduct, the employee reported the inappropriate sexual conduct to the sheriff’s office in an effort to end the harassment. Shortly after the employee’s complaint, sheriff’s deputies informed the owner of the employee’s allegations, and he indicated that he would retaliate against the employee.  The owner did so by terminating the employee on the first day the employee returned to work after the complaint, the EEOC said.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment and retaliation against workers who object to such discrimination. The EEOC filed suit in U.S. District Court for the Middle District of Florida (EEOC v. Shelley’s Septic Tank, Inc.; Civil Action No. 6:20-CV-01285-CEM-LRH) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the $82,500 in monetary relief, the three-year consent decree settling the suit requires Shelley’s to develop and distribute a written policy against discrimination and to conduct anti-discrimination training. Shelley’s must also post a notice at its worksite about the lawsuit and submit written reports twice a year to the EEOC.

“Sexually harassing employees violates federal law no matter the gender of the victim or harasser,” said Robert E. Weisberg, regional attorney for the EEOC’s Miami District Office. “This settlement confirms the EEOC’s commitment to eradicating sexual harassment and retaliation from the American workplace.”

Paul Valenti, director of the EEOC’s Miami District Office, added, “This decree sends a strong message to businesses and business owners that failing to prevent and address sex harassment against employees, especially when perpetrated by management, will have serious consequences.”

The EEOC’s Miami District Office is comprised of the Miami, Tampa, and San Juan offices and has jurisdiction over most of Florida, Puerto Rico and the U.S. Virgin Islands. The EEOC’s Miami District employs multiple bilingual investigators who speak English, Spanish, Haitian Creole, French and Portuguese.