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OSHA
Inspection at the Richland Correctional Institute finds Guenther deep in Fines

Trenches and excavations are some of the most dangerous areas on a construction job site. Every year, the evening news will feature the heartbreaking story of a construction worker who was crushed when a trench collapsed on him. Despite these constant reminders of the dangers of working in excavated areas, OSHA inspectors discovered many violations by Guenther when they inspected a prison construction job on the grounds of the Richland Correctional Institute in Mansfield, Ohio. OSHA discovered that Guenther allowed two of its employees to be exposed to a serious risk of injury or death during their work on a 15-foot deep trench, which was dug for a sewer line. The foreman on the job was not even competent, OSHA stated, to inspect the trench and related excavations or to ensure the site was safe.

The OSHA inspection report noted: "Hazard–possible flying pieces of metal or broken abrasive wheel. Face and head injuries."

One method of preventing injuries at excavation sites is to use a trench "shield." This is an engineered "box," usually constructed of heavy gauge steel, to shield workers from being crushed if a trench collapsed. Guenther did have a trench shield on the site, but it was "homemade" according to the OSHA inspection report. The homemade shield had never been tested and was not designed by a professional engineer, as required by health and safety regulations.

OSHA also discovered that Guenther failed to have a first aid kit on the site. Guenther’s explanation was that they just never got around to bringing one. OSHA’s review showed that Guenther failed to keep on-site records of its accidents and injuries. OSHA then ordered Guenther to produce accident records going back three years. Those records show that Guenther had a staggering rate of accidents.

In the most recent year studied sixteen of Guenther’s 70 to 90 employees had been injured. This is a rate of 18 to 23 injuries per 100 employees. This rate is double to triple the average accident rate in the construction industry. On average, a company of Guenther’s size should have had only 6 or 7 injuries annually. In three other years, Guenther had a total of 58 injuries, while an average construction company would have had only15 to 20 injuries.

Richmond Elementary job exposes workers to serious injuries

OSHA also inspected Guenther’s work at the Richmond Elementary School in Willard, Ohio. Inspectors discovered that Guenther had an employee buffing a steel pipe with a grinder that lacked a safety guard. This exposed the worker to a serious danger of an injury. The OSHA inspection report noted: "Hazard–possible flying pieces of metal or broken abrasive wheel. Face and head injuries." OSHA issued a violation against Guenther and assessed a $900 fine.

Two Job Sites, More Fines

OSHA found an electrical violation by Guenther on another Mansfield, Ohio job. An electrical cord had a damaged fitting. Just eight months earlier in Oberlin, Ohio, OSHA found two serious violations of electrical rules by Guenther and assessed a fine of $1,750 for two violations. In that instance, the Guenther foreman claimed he "wasn’t aware" of the safety hazard even though it was his responsibility to inspect the job site for hazards. Other workers said it had been a problem for three to four days.

On that job site, an electrical outlet box was not firmly secured to the wall of the job site trailer and an electrical cable had been routed across metal poles and through a floor hole, exposing it to damage. OSHA’s report stated that employees were exposed to fire, third degree burns and death from these hazards.

An inspector from the Workers Compensation Bureau also inspected Guenther’s job site and found unsafe conditions. The hazards included lack of a fire escape procedure, failure to mount fire extinguishers and posting of emergency phone numbers.

At all of these inspections, OSHA rated Guenther’s job safety program as only "average."

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