OSHA fines local firm for fatal trench collapse

Thursday, March 11, 2010

A Mountain Home contracting business faces a $44,500 fine following the death of a worker last September.

The U.S. Occupational Safety and Health Administration fined Bowman's Inc., saying the company violated federal work safety rules that led to death of Kelly Smith when a trench collapsed on him.

Smith, 32, worked for Bowman's for several years and served as a pipe layer on a sewer line installation project in Pocatello. He was working outside of a 10-foot-deep trench box, which provides protection in an emergency, when a section collapsed on him around 10:30 a.m. Sept. 16. The area where the collapse occurred did not have any safety devices employed.

Other workers spent more than two hours trying to dig Smith out.

OSHA Regional Administrator Richard Terrill said the company didn't take necessary steps to address hazards in the trench and didn't educate employees about safe trench operations. Violations specifically identified a foreman who was aware of the hazardous conditions and failed to act and the company's failure to provide cave-in protection for employees working outside the trench shield, according to Terrill.

In a press release from OSHA's regional office in Seattle, the alleged violations "are for failing to protect workers exposed to an unsupported, exposed active gas line, failing to provide a ladder for access and exit of employees working outside the trench shield and improper use of the trench shield."

"Unprotected trenches can become deathtraps in an instant when cave-ins occur," Terrill said.

Bowman's Inc. has 15 days from the day it received to citations to either pay the fine, request an informal conference with OSHA's area office in Boise or contest the findings before an independent health and safety administration commission.

Bowman's representatives plan to meet with OSHA's area director during an informal meeting on Friday.

Comments
View 7 comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. Please note that those who post comments on this website may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.
  • *

    It is very sad what happened to Kelly, but does the goverment fineing Bowmans accomplish anything? Where does the fine go? To Kelly's Family, no it goes into OSHAs bankroll. The only thing this fine will do is shut down another buisness that screwed up once, and a very sad accident happened. Only one person has ever walked on water.

    -- Posted by Conservative on Tue, Mar 16, 2010, at 1:34 AM
  • Very true about the death of Kelly, but how long has this kind of activity been going on? Did they get caught making the mistake by the death of a coworker? I hope this doesn't shut them down but a terrible way to learn a lesson about safety. And I do agree the money should go to his spouse and children, but someone is going to have to pay wether accident or malice.

    -- Posted by lowrider69 on Tue, Mar 16, 2010, at 3:37 AM
  • -- Posted by DaveThompson on Fri, Mar 19, 2010, at 6:15 PM
  • -- Posted by DaveThompson on Fri, Mar 19, 2010, at 6:22 PM
  • -- Posted by DaveThompson on Fri, Mar 19, 2010, at 6:23 PM
  • -- Posted by DaveThompson on Fri, Mar 19, 2010, at 6:32 PM
  • *

    OSHA does not expect anyone to walk on water. They're here to protect workers and employers alike. They've gathered years of data and created these rules because no one wants to see a family member taken, and certainly no employer wants to suffer the loss of a valued employee and friend.

    -- Posted by DaveThompson on Fri, Mar 19, 2010, at 6:38 PM
Respond to this story

Posting a comment requires free registration: