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Practice Areas

OSHA Finds Employer Failed to Provide Safety Training

– Install a support system to protect employees in an approximately 12-foot deep trench from a cave-in and prevent the adjacent fire hydrant from collapsing.

– Remove employees from the hazardous conditions in the trench.

– Train the workers in how to identify and address hazards associated with trenching and excavation work.

– Provide a ladder at all times so employees could exit the trench.

– Support structures next to the trench that posed overhead hazards.

– Provide employees with hardhats and eye protection.

Atlantic Drain was cited back in 2007 and 2012 by OSHA for similar hazards. This time, OSHA cited the company for 18 violations and is proposing $1,475,813 in penalties for the violations. In February, a grand jury of Suffolk County indicted Atlantic Drain and company owner, Kevin Otto, on two counts each of manslaughter and other charges in connection with the deaths.

Atlantic drain has 15 working days from the receipt of citations and proposed penalties to contest if it chooses to do so.

Hopefully now the company will take responsibility and provide safe and healthful working conditions for their employees.

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