Minnesota-based construction contractor, Wagner Construction Inc., is once again under scrutiny by the U.S. Department of Labor (DOL) for repeated violations related to trenching and excavation hazards. Despite agreeing in 2021 to enhance safety measures for its employees, the company was found to have exposed workers to similar risks in June while replacing a residential water main and 20 separate curb stop valves for house connections in Minot, North Dakota.
According to a DOL news release, Wagner Construction had committed in April 2021 to improve its safety procedures and training as part of an agreement with the department’s Occupational Safety and Health Administration (OSHA). This followed citations issued by OSHA inspectors at three North Dakota job sites in 2019 and 2020 where workers were exposed to excavation dangers.
""Wagner Construction failed to keep their promises to the U.S. government and its employees by ignoring one of the construction industry’s most lethal hazards," said OSHA Regional Administrator Jennifer Rous. "In 2022, 39 people died while doing trenching and excavation work — the highest number in almost 20 years — making this company’s unwillingness to protect its employees truly disturbing. With the substantial increase in the number of construction projects in North Dakota and across the nation, employers like Wagner Construction must take all necessary steps to make sure employees are safe on job sites."
As per another DOL news release, the agreed-upon contract from 2021 required Wagner Construction to provide trenching and excavation safety classes for all training managers, supervisors, and employees. The company also agreed to purchase new safety equipment aimed at protecting workers from cave-ins and related hazards, as well as hire a full-time safety and compliance manager. Documentation provided by Wagner Construction confirmed that an external consultant had been hired and that necessary equipment had been procured.
However, following up on a complaint led OSHA inspectors to discover that Wagner Construction had exposed workers to trenching hazards at its work sites from June 1 through June 7. According to a DOL news release, the company now faces $1.8 million in proposed penalties after being cited for 16 repeat violations and one serious violation.
