Lack of Safety Measures Blamed for Trench Collapse Fatalities
In the construction industry, trench work is integral to development. Still, it poses significant risks if safety measures are not strictly followed. Trench collapses, though preventable, continue to be a tragic source of construction worker injuries and deaths.
Thirty-nine workers died while performing trench/excavation work in 2022, up from 15 in 2021, according to a new report from CPWR - The Center for Construction Research and Training. That's a more than 60 percent increase in trench-related fatalities.
OSHA's top trench safety violations
The U.S. Occupational Safety and Health Administration (OSHA) provides clear guidelines for trench safety, including the use of trench boxes and shoring equipment.
However, the persistent rate of trench-related deaths suggests a gap between the safety standards set out by OSHA and on-site practices. Top cited trenching standards in construction involve failures with:
- Protection of employees in excavation, general.
- Inspections.
- Access and egress requirements.
- Protection of employees from loose rocks or soil.
- Underground installation requirements.
Trenching injuries, citations research
Trenches are common across the U.S. and are found in various settings, such as highways, construction sites, and new home builds. Workers in various trades, including construction and utility work, regularly work in trenches.
Typically, trenches are narrow excavations that are deeper than they are wide, often used for installing underground utilities.
Due to their depth and the instability of soil influenced by various factors, trenches can collapse suddenly. The soil moves quickly and with immense force, making escape difficult. A cubic yard of soil can weigh as much as a small car, adding to the danger during a collapse.
The hike in trench collapse-related deaths is connected to an overall spike in construction projects nationwide, according to CPWR's new report "Trenching Injuries, Citations and Penalties in Construction." Here are some major findings from the research:
High-risk groups
Construction workers accounted for 85 percent of fatal trenching injuries from 2011 to 2021 and 90 percent of nonfatal injuries from 2011 to 2022. Hispanic workers represented more than a third of trenching/excavation deaths in 2022.
OSHA penalties and citations
In 2023, trenching violations made up 9 percent of penalties and 4 percent of citations in the construction industry.
Non-compliance and fines
Companies fined by OSHA for safety violations often ignored penalties without facing further consequences. One company still owes over $1.4 million from fines imposed after two workers' deaths eight years ago.
Repeat offenders
OSHA had previously sanctioned at least 10 companies involved in fatal trench collapses for similar violations. One company was cited five times in four years.
Lack of criminal charges
Although criminal charges can be brought for violating OSHA standards, they are rarely pursued. When charges are filed, the offenders typically receive minimal punishments, such as fines or probation.
Despite OSHA's efforts to prevent collapses, these fatal incidents still occur, often due to employers cutting corners.
Fighting for injured workers in Mississippi
Regardless of fault, workers and families affected by trench collapses may be entitled to pursue justice and compensation through legal action.
Every case is different, so it is best to consult an experienced work injury attorney to understand the legal options available under specific circumstances. However, in general, legal options available to injured workers and surviving members of fatal accident victims include:
- Workers' Compensation. Injured workers may be entitled to compensation benefits covering medical expenses and lost wages. This is typically the first avenue of recovery.
- Personal injury lawsuit. If negligence by an employer, contractor, or another party contributed to the trench collapse, the injured person might have grounds to file a personal injury lawsuit for additional compensation. If a third party, such as a contractor or equipment manufacturer, was responsible for the collapse, a separate claim or lawsuit might be filed against them.
- Wrongful death lawsuit. In cases where a loved one has died in a trench collapse, surviving family members may pursue a wrongful death lawsuit to seek compensation for their pain and loss.
An attorney is essential in assessing these options, guiding the injured party or family through the legal process, and ensuring their rights are protected.
Put an experienced work accident lawyer on your side
At Tabor Law Firm, P.A., our Mississippi work injury attorneys have the knowledge, experience, and resources to help you find your way forward.
If you were injured or a loved one died in a trench collapse or some other type of construction accident in Mississippi, our dedicated legal team can protect your rights and aggressively advocate for your best interests.
Our past case results include recoveries of $629,000, $360,000, and $140,000 for injured workers.
Contact us today for a free case evaluation. A team member can listen to the details of what happened, answer questions, explain your options, and help you decide what to do next. With offices in Ridgeland and Jackson, we offer legal representation on a contingency fee basis to clients throughout Mississippi.
"Tabor Law Firm treats you like you’re family." - Mike M.