{"id":5897,"date":"2022-04-23T16:59:11","date_gmt":"2022-04-23T20:59:11","guid":{"rendered":"https:\/\/jordanbarab.com\/confinedspace\/?p=5897"},"modified":"2022-04-23T17:08:08","modified_gmt":"2022-04-23T21:08:08","slug":"if-you-fail-to-kill-your-workers-the-first-time-around-try-try-again","status":"publish","type":"post","link":"https:\/\/jordanbarab.com\/confinedspace\/2022\/04\/23\/if-you-fail-to-kill-your-workers-the-first-time-around-try-try-again\/","title":{"rendered":"If You Fail To Kill Your Workers the First Time Around — Try, Try Again."},"content":{"rendered":"

I consider myself a fairly reasonable person.\u00a0 True, I believe that any employer who kills one of his workers in an unprotected trench deserves jail time. But I’m always open to the (very unlikely) possibility that an employer wasn’t aware that OSHA requires trenches over 5 feet deep to be protected with a trench box or other shoring. Or maybe the employer had neglected to do training. Or his measuring tape was broken. There are potential factors that I’d take into account when considering how many years in jail an employer deserves.<\/p>\n

But for this case, if I was king of the world, I would show no mercy.\u00a0 If I had it my way, the owner of D Guerra Construction LLC would not spend one more day walking the earth as a free person.<\/p>\n

Two Strikes and You’re Dead<\/h2>\n

Why? What happened?\u00a0 According to an OSHA press release<\/a>:<\/p>\n

After escaping from a partial trench collapse hours earlier, two workers employed by an Austin contractor to install a residential wastewater line were not as fortunate later on Oct. 23, 2021.<\/p>\n

Both were told to return to the unprotected 13-foot-deep trench to finish the job, and soon after, the trench collapsed again. This time, the collapse buried one worker causing fatal injuries and partially buried the second, who suffered serious injuries.<\/p>\n

Did you get that?\u00a0 These extremely lucky workers managed to escape the collapse of a 13 foot deep trench. 13 feet is over 2-1\/2 times as deep as allowed by OSHA. A cubic meter of soil weighs as much as a car, so most workers don’t live to tell the tale when a trench collapses.<\/p>\n

But instead of thanking his lucky stars that he hadn’t killed one or two of his employees, and then using the trench box (that was on the site) to make the trench safe, the owner of D Guerra Construction LLC ordered the workers back into the trench.\u00a0 The trench collapsed, killing one of the workers. And to add insult to injury, the company failed to report the fatality to OSHA within 24 hours as required by law.<\/p>\n

Being “on time and on budget” is more important than the lives of their employees.<\/strong><\/span><\/p><\/blockquote>\n

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The Right Way to Protect a Trench<\/strong><\/figcaption><\/figure>\n

Guerra obviously can’t claim that he had no idea a trench could collapse like that, because it had just collapsed. And looking at the gallery on the company’s website<\/a>, you’ll find several photos of happy workers deep down in trenches that are protected by trench boxes.\u00a0 The company boasts of being “On Time & On Budget,” but apparently being on time and on budget is more important than the lives of their employees.<\/p>\n

OSHA cited the company for:<\/p>\n