Patriot Paving Group LLC, a Glenburn, Maine, contractor, faces $161,325 in Occupational Safety and Health Administration (OSHA) fines after an employee suffered fatal crushing injuries in a trench, the agency announced December 26.

OSHA cited Patriot Paving with five willful violations, finding that the contractor ignored an on-site expert’s repeated warnings and the company’s own site-specific safety plan. Investigators concluded the employer didn’t:

• Brace the trench retaining wall, which exposed employees to struck-by and/or caught-between hazards.
• Remove employees from the trench after it was determined to be hazardous.
• Train or instruct three employees in the hazards associated with trench activities.

Two Patriot Paving employees were installing storm drainage pipes in a three- to four-foot-deep trench, according to OSHA. At the same time, the company’s owner, Clifford Lane, used an excavator near the retaining wall’s base, which destabilized it and caused a 40- to 60-foot-long section of the wall to tip over. One worker escaped, but the other suffered fatal injuries.

Agency investigators determined that Lane knew the wall next to the trench was unstable but didn’t use necessary protective systems or evacuate employees. The continuing excavation created clear and imminent dangers.

“The warnings were clear, yet Clifford Lane chose to ignore them, putting progress before safety and putting employees directly in harm’s way,” Samuel Kondrup, OSHA’s Augusta, Maine, area office director, said in an agency statement. “There is no excuse for so callously endangering workers’ lives.”

OSHA has an ongoing National Emphasis Program (NEP) of outreach, inspection, and enforcement to address trenching and excavation hazards. In 2022, OSHA announced plans for 1,000 excavation inspections following an uptick in trench fatalities.

In November 2024, the agency noted an 11% overall reduction in fatality investigations in fiscal year (FY) 2024, as well as a decrease in trench fatalities compared with the previous year.

Texas contractor cited for trench collapse hazards

Bandera Utility Contractors LLC, a Frisco, Texas, contractor, is facing a $107,228 OSHA fine for repeatedly exposing workers to serious hazards by sending them into unprotected trenches without providing a means of escape, the agency announced December 26.

OSHA previously cited Bandera Utility in 2022 with four serious violations of similar safety regulations after a 41-year-old employee repairing a sewer line suffered fatal injuries in a trench collapse.

In response to a formal complaint this summer, OSHA investigators observed employees working on water and sewer lines in a trench that lacked an adequate protective system, as required. Work activities included trench excavation, laser surveying, and work using hand and power tools. Inspectors noted the company failed to provide employees with basic safety measures, such as sufficient ladders in the trench and a safe means of escape in the event of a collapse.

“Failing to protect workers during trenching operations is reckless and unacceptable, especially when the risks are widely recognized,” Timothy Minor, OSHA’s Fort Worth, Texas, area office director, said in a statement. “Bandera Utility Contractors has a duty to protect its workers from cave-ins, and OSHA will continue to enforce federal laws to ensure compliance. Implementing and remembering the three S’s–slope, shore, and shield–can save lives and enhance jobsite safety.”