ALJ Decision in Speedy Rooter / Capital Plumbing, Inc. Becomes a Final Order of the Commission
On October 5, 2016, Occupational Safety and Health Administration (OSHA) Compliance Officer (CO) Elaine Dailey responded to a complaint of an employee working in an unprotected trench at a residence at 1735 East Canal Road, Dover, Pennsylvania (worksite or Canal Road worksite). Speedy Rooter/Capital Plumbing, Inc. (Speedy Rooter or Respondent) had excavated a trench and was replacing a lateral sewer line at the worksite. On January 13, 2017, OSHA issued a Citation and Notification of Penalty (citation) to Speedy Rooter with one willful and three serious violations of OSHA’s construction standard for a total proposed penalty of $29,394. The citation alleged Respondent had not trained its employees on cave-in hazards, had not kept materials at least two feet from the edge of the trench, had not inspected the trench, and had not provided an adequate cave-in protection system in the trench.