Trenches are a common sight across the United States and in New York. They appear on the sides of highways, at large construction sites, and during new home builds. Thousands of workers work in these trenches every day, including construction workers, plumbers, and utility workers. Trenches may seem like routine parts of construction, but they present significant dangers: trench collapses. These are among the most deadly yet preventable construction accidents.

A recent investigation by NPR, Texas Public Radio, and 1A examined the effectiveness of OSHA, the federal agency responsible for ensuring workplace safety. The investigation reviewed 10 years of OSHA workplace accident data, examining hundreds of pages of inspection reports, court records, lawsuits, and other documentation.

Reporters also spoke with relatives of victims and current and former OSHA administrators. What they found demonstrates serious flaws in how OSHA handles trench safety and enforcement.

OSHA imposes fines on companies that fail to follow safety regulations, but the investigation found that some companies simply ignore these penalties. For example, one company still owes more than $1.4 million in fines imposed after the deaths of two employees eight years ago. Despite this significant amount, the company continues operating without facing any meaningful consequences.

What did the investigation into trench collapses reveal?

The investigation revealed that several companies with workers killed in trench accidents had been previously sanctioned by OSHA. At least 10 companies had prior violations related to trench work. One company received five citations in four years; another got cited four times over a similar period.

Despite these repeated offenses, these companies still operated without making significant safety improvements. The pattern suggests that OSHA’s current system fails to hold repeat offenders accountable, putting more workers at risk.

OSHA has the authority to issue imminent danger notices at job sites where trenching violations pose an immediate threat to workers’ lives. However, the investigation found that OSHA seldom uses this power. Even when violations could result in serious physical harm or death, OSHA often doesn’t take the steps necessary to shut down dangerous work sites.

Over the past decade, deaths from trench collapses in the United States have fluctuated, with a peak of 40 fatalities in 2022. This marks a 60% increase from the previous year. These deaths persist despite OSHA’s regulations designed to prevent them. The rising number of fatalities signals that current safety measures and enforcement efforts are not enough to protect workers.

How deadly are trench collapses?

Trench collapses happen without warning and leave little time for workers to escape. A cubic yard of soil can weigh up to 3,000 pounds, which is the same weight as a small car. When a trench collapses, this soil can move rapidly, burying workers in seconds. The danger is clear, but safety measures exist to prevent these tragedies.

Common causes of trench collapses include:

• Soil type and condition: Different soil types (e.g. clay or sandy soil) affect trench stability. Loose or wet soil can collapse more easily than compacted soil.
• Trench depth: Trenches deeper than 5 feet are at higher risk of collapse. The greater the depth, the more pressure is exerted on the trench walls.
• Soil vibrations: Nearby machinery or heavy traffic can cause vibrations that destabilize trench walls.
• Weather conditions: Rain or snow can saturate the soil and weaken its stability.
• Improper shoring: Failure to use or improperly install trench boxes or other protective systems can leave workers exposed to collapse hazards.
• Inadequate sloping: Trenches must be sloped properly to prevent collapse. Steeper trenches without proper sloping are at higher risk.
• Overloading: Storing heavy materials or equipment too close to the edge of a trench can cause the trench walls to give way.

Get the legal help you need for construction accident injuries

If you or a loved one has been injured in a trench collapse or any other type of construction accident, don’t wait to seek legal help. At the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, we have over 90 years of experience helping injured workers in New York. Our legal team can guide you through filing a workers’ comp claim, third-party lawsuit, and other legal options.

We offer free consultations to discuss your case and help you understand your rights. With offices in NYC and throughout New York State, we are ready to fight for the compensation you deserve. Contact us online or call us today to schedule your free evaluation. Every conversation is confidential and tailored to your situation. Let us be the legal team you can rely on for justice and recovery.

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