Ohio Workers’ Compensation Lawyers

Inadequate Protections Leave Workers Vulnerable to Trench Collapses

Employee with a safety vest at a site of a collapsed trench.

In construction, where progress often means digging deep and building up, trenching and excavation work are some of the riskiest jobs out there. The statistics are sobering. In 2021, the construction industry accounted for 80 percent of trenching-related fatalities, affecting workers in industrial sites, private residences, streets, and highways. The data becomes even more troubling when considering that over a third of these fatalities involved Hispanic workers, underscoring the need for targeted safety measures and training within vulnerable communities.

Ensuring safety and compensation for injured construction workers

A new report suggests that a lack of OSHA resources, inspections, and penalties for violators are driving a spike in new trench-related accidents. At Hochman & Plunkett Co., L.P.A., our Ohio workers' compensation lawyers care about the health and safety of workers in Columbus, Dayton, Cincinnati, Springfield, Troy, and statewide. By raising awareness about the hazards and how to create a safe trench work zone we hope to help prevent future serious and fatal construction accidents.

Trench collapse a growing concern

Workers are exposed to potentially deadly hazards, such as cave-ins, falling loads, hazardous atmospheres, and accidents involving heavy machinery. The Occupational Safety and Health Administration (OSHA) has long recognized these risks, implementing programs like the National Emphasis Program (1985) to reduce or eliminate workplace hazards associated with trenching and excavation operations. Despite these efforts, the dangers persist, according to data from a new study by the CPWR:

  • The construction industry accounted for 85% of fatal trenching injuries from 2011 to 2021 and 90% of nonfatal injuries from 2011 to 2022.
  • Over a third of fatal trenching injuries in 2022 were among Hispanic workers.
  • Nonfatal injuries with a trench source decreased 18 percent in construction. The most common types of nonfatal trench injuries include sprains, strains, tears, soreness, pain, bruises, and contusions.
  • In 2023, nearly 1 in 10 penalties in construction were for compromised trenching standards.

Despite the clear dangers, injuries and fatalities continue to climb, leaving families heartbroken and communities grieving. It begs the question: If these accidents can be prevented, why do they keep happening?

Preventable tragedies: The failure of safety standards

Trenching and excavation might appear routine to the untrained eye, but these tasks carry an inherent risk that can lead to catastrophic outcomes.

The rise in trench injuries is fueled by a lack of inspection and weak penalties. Companies fined by OSHA for safety violations often ignore the penalties and face no real consequences. Some owe millions in unpaid fines, and many have been cited multiple times for similar offenses without significant repercussions. Criminal charges are rarely pursued, and when they are, the penalties are usually just fines or probation. OSHA has the power to issue imminent danger notices for serious trench violations, but it rarely does, allowing unsafe practices to continue unchecked.

Nonfatal injuries, though less publicized, are alarmingly common. Sprains, strains, tears, soreness, bruises, and contusions are the most frequent injuries reported, leaving workers with lasting pain and, often, an inability to continue their physically demanding jobs.

Am I in danger?

When done safely, trenching hazards can be significantly reduced. OSHA standards require the following protective systems to avoid cave-ins, falling loads, hazardous atmospheres, and hazards from mobile equipment. Try these tips to avoid potential trench hazards and unsafe situations:

  • Never enter a trench if it has not been properly inspected by a competent person, cave-in protection measures are in place, there is a safe way to enter and exit, the equipment and materials are away from the edge, and the area is free of standing water.
  • Trenches 5 feet deep or greater are required to have a protective system.
  • Trenches 20 feet deep or more are required to have a system designed by a registered pro.
  • Protective systems for trenches generally follow the three 'S's:
    • SLOPE or bench trench walls by cutting back the wall at an angle inclined away from the excavation.
    • SHORE trench walls by installing aluminum supports.
    • SHIELD trench walls with trench boxes and other types of supports to avoid soil cave-ins.

Before entering a trench, find the competent person and ensure the trench has been satisfactorily inspected daily—as well as after it rains or when conditions change. When there is a problem, the competent person can stop work and fix it. Once the competent person has signed off on safety, only work in protected areas of the trench. Make sure to check your escape route in case of collapse. Anything deeper than 25 feet must have a ladder, ramp, or stairway.

Ohio lawyers who know how to fight for trench collapse victims

If you or a loved one has been injured in a trench collapse, you deserve justice and compensation. You shouldn't have to bear the burden of medical bills, lost wages, or the inability to work alone. At Hochman & Plunkett Co., L.P.A., our trench collapse injury attorneys are here to support you and fight for the compensation you're entitled to. Contact us today for a free case evaluation — let's take the first step toward getting you the justice you deserve.

Categories: Posts

Contact Information

Dayton Office

3033 Kettering Blvd #201
Dayton, OH 45439

Toll Free: 877-623-6863
Local: 937-684-4607
Fax: 937-228-0508

Get Directions

Cincinnati Office

2060 Reading Rd
Suite 240
Cincinnati, OH 45202

Toll Free: 877-623-6863
Local: 513-276-4022

Get Directions

Springfield Office

20 S Limestone St #340A
Springfield, OH 45502

Toll Free: 877-623-6863
Local: 937-688-2551

Get Directions

Troy Office

2826 Stone Cir Dr
Troy, OH 45373

Toll Free: 877-623-6863
Local: 937-524-0115

Get Directions

Columbus Office

2 Miranova Pl #390
Columbus, OH 43215

Toll Free: 877-623-6863
Local: 614-699-5970

Get Directions