Ditchmen • NUCA of Florida Ditchmen - June 2024 | Page 7

Designated managers should be present at projects to enforce compliance , and safety inspections should occur on a scheduled and random basis . Documenting inspection results and corrective actions is essential for accountability and may aid with incidents involving OSHA .
Third , graduating enforcement mechanisms should address safety violations . Initial violations should result in warnings and retraining , which are documented and acknowledged by the employee in writing . Repeated violations should lead to suspensions and further retraining . Persistent non-compliance should result in termination of employment , with clear documentation linking the termination to safety violations .
These efforts aim to minimize the risk of injuries in trench operations . Moreover , in the event of an OSHA inspection or reportable injury , demonstrating proactive safety measures can help establish that any incident was due to unpreventable employee misconduct , not the employer ’ s lack of diligence . and mitigate legal consequences when accidents occur .
About the Author : Travis S . McConnell is a construction attorney with Ready Legal , a business law firm located in Orlando , FL . His practice focuses on all aspects of construction law , including OSHA defense and compliance , lien and bond claims , defective construction litigation , and contractor licensing . He represents all members of the construction industry , including contractors , subcontractors , suppliers , property owners , and design professionals . Mr . McConnell has been involved in construction for more than a decade , since serving in the U . S . Army as an Engineer Officer and safety leader . To reach the author , please visit www . ReadyLegal . net .
The information in this article does not , and is not intended to , constitute legal advice ; instead , all information , content , and materials in this article are for general informational purposes only .
Closing
Trenching is a critical yet hazardous component of underground utility construction . Indeed , countless examples of injuries and fatalities underscore the importance of proactive safety measures . By identifying risks , planning strategically , and rigorously implementing safety measures , employers can protect their workforce
JUNE 2024 • DITCHMEN 5