Chicago-area Contractor Fined $60,600 for Failing to Protect Workers

February 16, 2011

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued Doherty, Giannini & Rietz Construction Inc., an underground contractor located in Bensenville, one willful and one repeat safety citation for failing to protect workers from cave-ins during trenching operations at a Chicago, Ill., jobsite. The company faces proposed penalties of $60,600.

The willful citation alleges that a Doherty, Giannini & Rietz Construction employee was working in a trench at a depth greater than 6 feet without cave-in protection during a December 2010 inspection. A trench box was present on the site but not installed in the trench.

The inspection was conducted under an OSHA national emphasis program on trenching and excavation.

The company was issued the repeat citation for failing to establish a safe work zone as regulated by the U.S. Department of Transportation’s manual on uniform traffic control devices. 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 has been inspected by OSHA 27 times since 1988, resulting in 16 prior citations for lack of cave-in protection at various worksites. Four of those violations have been issued since June 2010, including the citation from the December inspection.

Doherty, Giannini & Rietz Construction 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.

Source: OSHA

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