Excavation safety remains a critical concern for construction owners and contractors, particularly on projects involving deep cuts and unstable soil conditions. Federal workplace safety officials have proposed more than $648,000 in penalties against six employers following an inspection at the Monroe Commons development, also known as Magna Square, in Monroe, New York.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) initiated the inspection after receiving an allegation involving struck-by and excavation collapse hazards. Investigators identified an unstable embankment nearly 75 feet high that was not adequately sloped or supported.
The inspection resulted in 28 citations, including five classified as willful and 23 as serious. The alleged violations involved inadequate protection against cave-ins, falling or rolling soil and rock, chemical exposure and failures to conduct required daily excavation inspections through a competent person.
OSHA identified the following proposed penalties for the general contractor and subcontractors involved in the project:
Construction employerProposed penaltyAdvanced Plan and Build LLC$175,444Century Max Industries Corp.$46,340DelValle Contractor$19,151Parkstone Inc. and Obstacle Systems Inc., operating as Drip Drop Waterproofing Inc.$198,615Prime Structure Inc.$19,860The Paving Masters LLC$188,684Total$648,094
Advanced Plan and Build, Parkstone and The Paving Masters received willful citations related to employee exposure to unprotected excavation hazards. Advanced Plan and Build and The Paving Masters also received willful citations concerning the lack of a registered professional engineer's design for an excavation measuring between 21 and 75 feet deep.
Century Max Industries, DelValle Contractor and Prime Structure received serious citations involving cave-in and struck-by hazards. Additional serious violations involving fall protection and chemical hazards were issued to DelValle Contractor and the Parkstone and Obstacle Systems entities.
The penalties remain proposed and do not represent final adjudicated findings. Each employer has 15 business days from receiving its citations to comply, request an informal conference with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission.
The Monroe Commons development is planned as a four-story, approximately 408,000-square-foot mixed-use commercial building on an 18-acre site. The proposed project includes retail and office space along with a 39-room hotel.
The inspection highlights the safety controls required for deep excavation work, including appropriate protective systems, engineering oversight where required and regular inspections by qualified personnel. Contractors must also address falling material, worker access and exposure to hazardous substances as part of site-specific safety planning.
For owners, general contractors and subcontractors, excavation-related enforcement actions underscore the importance of verifying that safety responsibilities are clearly assigned and that protective measures are implemented before workers enter hazardous areas. Effective coordination among project participants is particularly important when multiple employers operate within the same excavation zone.
OSHA provides guidance and compliance assistance for trenching and excavation work. The agency's findings in this case remain subject to the applicable contest and review process.
Source: U.S. Department Of Labor.
