A Trench Caves In; a Young Worker Is Dead. Is It a Crime?

New York Times ^ | 12/21/03 | David Barstow

[Rennes Templar]

"But no employer, she insisted, cares more about the welfare of her workers than she."

Right.

[Mamzelle]

Could an engineer come up with a cheap and ready means to prevent these deaths, via supports? Sure. I doubt it'll ever happen.

How many roofers do you know who will use or require use of some sort of rescue mechanism when they build on a roof? I never understood why they're up there with no net, no cable, nothing...It always seemed that it'd be so easy to design some protection for these men.

[newzhawk]

The owners of the bar that caught fire and killed so many patrons when White Snake used pyrotechnics for the show were crimanally charged and held responsible for not using safety measures - of course the business should be charged with negligence - and more- knowing they should be using the box and a death occurred is worse than someone leaving a gun out and a death occurs yet they are usually charged

[B4Ranch]

"The job was assigned to John F. Kehrer, 49, an experienced backhoe operator."(snip)" Mr. Kehrer insisted in his deposition that he was not competent to assess the hazards. Yes, he had taken a 10-hour trench safety class with a prior employer. But he also said that he had forgotten most of what he learned, and had received no safety training in six years at Moeves Plumbing. "

Straight out of the trench,"Bullshit!" Every backhoe operator in the world with 8 hours experience is worried about the trench walls collapsing and the 'hoe falling into the trench. This is the reason why wood and other materials are used to widen the footpad area. This spreads the weight stress out further. I have seen trenches collapse because the pads weren't widened enough and when the walls collapsed one leg and wheel were buried.

The operator would know just from the 'feel' of the earth being removed whether it was too wet/sloppy to have a man down in the unprotected trench.

The idiot down in the trench should have known but like any other kid, he was relying on the operators experience to protect him.

He had probably seen the operator ask for braces using the excuse, "It'll collapse and we'll lose our tools or screw up the new pipe joint being installed". It's not cool to whine about a man's safety on the job. You go to an ignorant boss and explain the "costs/loss in time" if the walls collapse.

I would go after the owner and the operator. Why? Because they are the ones who know the laws and the hazards.

If any of you don't have an idea what I'm talking about, the next time you see a mobile crane working just look at the different materials used under the footpads to keep the crane sturdy. 12" X 12" X 16' are very common timbers used for 50 ton cranes. It will crush thick asphalt, break thin concrete sidewalks and crush the pipes underground if the footpad stress isn't spread out. (Yes, I'm experienced in that work)

Caution: Anytime you see a crane operating with the boom at a high angle, know that he is working heavy loads and stay twice the length of the boom away from the work site.

[Lazamataz]

I have to admit, when I first read the headline, I thought it read "The French Cave In".

I just expect to see that.

[tiki]

My son does this kind of work and though he usually runs the machinery he does get into the trenches often. He is a foreman and takes safety quite seriously.

Once, on another man's job , he was sent by the boss to check. He told the backhoe operator that the ditch was unacceptable and told the laborer not to get in the ditch. They were standing around arguing when one side of the ditch collapsed and the laborer fell in. My son freaked because the other side could give any minute and my son yelled at the man to jump out of the ditch but he couldn't move so he jumped in the ditch, picked him up and threw him out. What was so funny is that my son only weighs 125 lbs and the man in the ditch was much larger but he had so much adrenaline that he was able to pick him up and toss him into the air. Everyone was all right but my son was PO'd and went to find the backhoe operator who was nowhere in sight because he was going to kick his a$$. He didn't because the man was puking his guts out so he just gave him the what-for verbally.

This happened in his first month on the job and he's never forgotten it and it was the boss' son who was operating the machinery and I don't think he's forgotten it either.

[FITZ]

This seems to have been an avoidable accident in many aspects.

[B4Ranch]

Avoidable in all aspects. Have you seen the equipment that is available to hold trench walls in place. There is always "sloping" still available. Yeah, it takes four times the space but you'll never loose an employee to Mother Earth shifting.

Then, I've seen foremen dig trenches three times as wide as necessary, just to protect their workers. And the last method I know about is the "T", which gives the collapsing earth somwhere to go besides down on the men in the trench. Actually, it looks more like a "T" with a "V" on top of it which gives better protection than a "T".

[par4]

There was still mud in his ears. Patrick Walters was laid out in his coffin for the visitation, his face puffy and bruised, his ears still flecked with dried bits of clay. They all noticed.

As soon as I got to this part, I knew that there was a whole lot of hyperbole being tossed around here. Obviously, there are a whole lot of unsafe operators out there but this article is designed to enrage the reader. Either that, ot the Mr. Walters wasn't tended to by a mortician before his funeral, which seems rather unlikely.

[dalereed]

I always complied with the safety rules as far as employees were concerned but for the savings of time I have always taken the risk of getting hurt or killed if I felt that I had a better than 50% probability of surviving and being the employer CalOsha or its predecessor California Industrial Accident Commission couldn't touch me.

At 66 I still have the same attitude and am not going to change, I'm just as replaceable and anyone else.

[B4Ranch]

"being the employer"

That's the KEY! I've done many dangerous things that I wouldn't allow employees to do. I've then told my employees that if I ever heard about or caught them doing the same I'd fire them before they could get that next breath out. I've said to invigorated new employees, "If you ever want your last check in cash just do the foolish things I do and I'll pay you on the spot, then I'll kick your butt all the way to the nearest gate."

[Dan Evans]

I'm learning a lot about the technology of ditch digging.

We've been digging ditches for thousands of years but people still get killed because the technology is taken for granted by too many people. Technology is in people, not books -- someone has too read the books.

We no longer have the technology to go to the moon. That's because the people who did it thirty years ago have retired. Most of the men who designed the space shuttle have retired and now astronauts are dying because the political appointees responsible don't understand the technology.

[KC_for_Freedom]

That's the KEY! I've done many dangerous things that I wouldn't allow employees to do. I've then told my employees that if I ever heard about or caught them doing the same I'd fire them before they could get that next breath out. I've said to invigorated new employees, "If you ever want your last check in cash just do the foolish things I do and I'll pay you on the spot, then I'll kick your butt all the way to the nearest gate."

We need employers like you. As a safety officer if have had to deal with countless "foolhardy" workers. they can do the job faster if only: (1)They can crawl under suspended equipment, (2)ride the steel being hoisted by crane, (3) work without a sling, (4) work without tethered tools, (5) Walk the rafters without a safety line...It goes on. But the safety offical often is critized (under the breath) by the very workers they are trying to protect, hence the employer must come in and back the safety professional up.

Now about your actions, have you ever heard of setting an example?

[The Coopster]

Great White, not Whitesnake.....

[B4Ranch]

Oh yes I know about setting examples. Mine were "Never do this" LOL

Actually, I would tell anyone who asked that I was the one who had his life savings invested and at risk in this jobs completion on schedule and that is the reason why I will not allow someone whose only risk was a 45 hour a week job.

[bert]

.....BUT the worker is also responsible......

There is a tendency among construction workers in small firms to ignore many safety rules. They aren't stringently enforced by supervisors who have too much to do and aren't required to be knowlegable either.

Safety meetings, so called Tool Box Sessions don't exist.

There are trenches and there are trenches. Some routinely work in unshored ditches and are unharmed...... leading to a belief that the regulations are un needed.

[Dan Evans]

Doesn't the Times believe that more federal regulation will solve everything?

I'm guessing that they think even more regulation is necessary. Like maybe a federal inspector at every job site.

[Dan Evans]

There is a tendency among construction workers in small firms to ignore many safety rules. They aren't stringently enforced by supervisors who have too much to do and aren't required to be knowledgeable either.

If you want to keep your business solvent and out of court, you had better have knowledgeable supervisors who have the time to do their job. The macho culture of the construction worker is hostile to safety concerns. You need supervisors with the ability to override that culture.

[Mad Dawgg]

"The company should be severely punished BUT the worker is also responsible. It is your life to protect. Doing something you know is dangerous with unnecessary risk is your fault. At least that's my opinion...'

Yep, nail the company, they broke the regulations.

However the worker made a choice and it cost him his life. It is very sad.

I've been in situations on construction sites where things were definitely dangerous and have pulled myself and anyone working with me out. Yep we lost money, in fact a couple of times we lost the job totally. But, we never lost a life.

[Old Professer]

For the most part, falls from heights are only considered life-threatening when the elevation is above 16 feet; the problem about houses lies in the sharp-cornered obstructions along the path. O.S.H.A. rules are available free upon request; understanding them and implementing them requires a bit of expertise.