A U.S. Department of Labor investigation has determined that the drowning of a 27-year-old heavy equipment operator at a worksite in Leland, North Carolina, could have been prevented if the employer had adhered to established safety regulations.
The Occupational Safety and Health Administration (OSHA) conducted an inquiry into the incident, which occurred in August 2024. The investigation revealed that the worker and a foreman from RIGID Constructors LLC were repositioning a pump at Cell-3 Eagle Island using an amphibious excavator. During their attempt to exit the water-filled cell, the machine overturned, trapping the operator underwater. Efforts by crew members and emergency responders to revive him were unsuccessful.
OSHA cited RIGID Constructors with four serious violations. These included failing to train workers on operating a marsh hoe and not providing or requiring personal protective and lifesaving equipment for employees working near water-filled excavation sites. Additionally, the company did not provide a skiff for immediate use in emergencies.
"RIGID Constructors’ failure to comply with federal safety and health standards resulted in a preventable tragedy," stated 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."
The proposed penalties for these violations amount to $50,703.
RIGID Constructors is based in Lafayette and operates as a privately held construction company specializing in heavy civil and marine construction services with approximately 370 employees nationwide.
The company has 15 business days from receiving its citations and penalties to either comply with them, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.
For more information on developing workplace safety programs or compliance assistance resources, visit OSHA’s website.
