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US Department of Labor finds Louisiana contractor could have prevented 27-year-old worker’s drowning at North Carolina worksite [ http://www.dol.gov/newsroom/releases/osha/osha20241227 ] 12/27/2024 07:00 AM EST
LELAND, NC – A U.S. Department of Labor investigation into the drowning of a 27-year-old heavy equipment operator at a Leland worksite found the employer could have prevented the fatal incident by following established safety regulations.      An investigation by the department’s Occupational Safety and Health Administration into the August 2024 incident found that a heavy equipment operator and a foreman with RIGID Constructors LLC were repositioning a pump at Cell-3 Eagle Island using an amphibious excavator. While attempting to exit the water-filled cell, the machine tipped over, trapping the equipment operator underwater. The crew and emergency responders could not revive equipment operator. OSHA cited the Louisiana contractor with four serious violations for failing to train workers on operating a marsh hoe and for not providing or requiring employees to use personal protective and lifesaving equipment while they worked near the water-filled excavation site. The employer also failed to provide a skiff for workers to use immediately in the event of an emergency. “RIGID Constructors’ failure to comply with federal safety and health standards resulted in a preventable tragedy,” said OSHA Area Director Kimberley Morton in Raleigh, North Carolina. “Safety cannot be just a marketing slogan or an afterthought, it must be a core commitment. Workplace safety isn’t optional, a privilege for some, or merely a recommendation; it is the law.”OSHA has assessed the employer $50,703 in proposed penalties.Based in Lafayette, RIGID Constructors is a privately held construction company and provider of heavy civil and marine construction services and has about 370 employees nationwide. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission. Visit OSHA’s website for information on developing a workplace safety and health program. Employers can also contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards.  Learn more about OSHA.  body { font-size: 1em; font-family: Arial, Verdana, sans-serif; font-weight: normal; font-style: normal; color: #333333; }
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