Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), recently announced that it has cited a utility company located in Florida, and a related contracting company after an investigation into the deaths of three (3) workers who succumbed to toxic gases in a manhole on Jan. 16, 2017.
During the course of the employee’s job duties, a pipe-layer entered a manhole and quickly became unresponsive. Upon being unable to communicate with his co-worker, a second laborer entered the manhole and attempted a rescue, only to become unresponsive himself. Finally, the third worker followed to help his fallen coworkers and further was succumbed to the gas. All three (3) men died. Upon an investigation involving post-incident atmospheric testing in the manhole, it was discovered that lethal levels of hydrogen sulfide and carbon monoxide were present in the confined space of the manhole where the workers were performing their job duties. Two other employees and a volunteer firefighter were also exposed to the toxic gases in the manhole during rescue attempts, but survived.
After an investigation, OSHA investigators cited Douglas N. Higgins, Inc. and a related contracting company with ten (10) serious violations totaling $119,507.00, in penalties. The serious violations included the failure to purge or ventilate the confined space before entry, exposing the workers to an asphyxiation hazard, and not providing necessary rescue and emergency equipment for employees that were overcome inside a permit-required confined space. In addition to the serious violations, OSHA issued citations to both companies for failing to:
- Develop and implement a written hazard communication program for a worksite in which employees were exposed to dangerous chemicals and gases;
- Use a calibrated direct-reading device to test for toxic gases, creating an asphyxiation hazard;
- Create and document the confined space entry permit;
- Provide training to employees in the safe performance of their assigned duties in permit-required confined spaces; and
- Provide a guardrail around the manhole opening, exposing employees to a fall hazard.
Upon the issuance of the violations by OSHA, both companies were allowed fifteen (15) business days from receipt of the citations and proposed penalties to contest the findings before the independent Occupational Safety and Health Review Commission. Employers should pay special attention to OSHA’s issuance of the fines, and their amounts, noting that even if the employer is not fully aware of a dangerous or hazardous working condition, it may still be subjected to fines for the work environment is provides.
If you are a small business employer and are seeking information on, or compliance with OSHA regulations and requirements, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: dol.gov
