Criminal Charges

Colorado contractor awaits sentencing on manslaughter charge after failing to protect employees in 2021 trench collapse that killed 23-year-old worker

A4S LLC, owner Peter Dillon failed to use legally required trench protection systems

BRECKENRIDGE, CO – The owner of an Avon construction company whose failure to follow required federal safety standards led to the 2021 trench collapse death of a 23-year-old employee in Breckenridge now awaits a November sentencing date after pleading guilty to manslaughter on Aug. 3, 2023.

The plea follows a criminal referral by the U.S. Department of Labor after Peter Dillon and his now defunct company, A4S LLC refused to require the use of proper safety equipment to protect his workers. The refusal contributed to a trench collapse in which a company employee, Marlon Diaz, suffered fatal injuries as he installed a residential sewer line.

After an investigation of the incident by the department’s Occupational Safety and Health Administration, A4S LLC received three willful citations in May 2022 for not ensuring the excavation was inspected by a competent person, failing to instruct employees on the recognition and avoidance of unsafe conditions and not having a trench protective system in place. OSHA also issued the company a serious citation for not having a safe means of exit within 25 lateral feet of employees working in a trench.

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New OSHA alliance targets hazards in trenching and excavation

Washington — OSHA is teaming up with a coalition of trade organizations, industry stakeholders and labor unions in an effort to bolster trenching and excavation safety.

Original article published by Safety+Health
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Photo: Ron Chilton, National Trench Safety and North American Excavation Shoring Association

The two-year agreement between OSHA and the Partners for Safe Trenching and Excavation Operations Alliance unites seven organizations “to address some of the construction industry’s most hazardous work”:

  • Associated General Contractors
  • Association of Equipment Manufacturers
  • Common Ground Alliance
  • International Union of Operating Engineers
  • Laborers’ International Union of North America
  • National Utility Contractors Association
  • North American Excavation Shoring Association

OSHA data shows that 39 workers were killed in full/partial trench or excavation cave-ins last year – a sharp spike from the 15 recorded in 2021. That increase spurred the agency to launch enhanced enforcement initiatives last July.

“OSHA will partner with alliance members to develop guidance and other resources,” an agency press release states. “The alliance also will assist small and medium-sized organizations. In addition, the alliance will encourage industry stakeholders to incorporate equity and worker voice into its outreach and activities to help connect as many workers as possible with important worker safety and health information.”

The alliance will develop resources on the recognition and prevention of the construction “Focus Four” hazards: falls, caught-in or caught-between, struck-by objects, and electrocutions. Additionally, it will seek to reduce workers’ hazardous exposures to noise and silica.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Collaborating on Trench Safety

Original article published by OSHA

US Department of Labor, state agencies, industry leaders launch campaignto educate, alert Midwest employers, workers of deadly excavation hazards

Seeks to stem alarming increases in deaths, as 6 Illinois, Ohio workers died in 2022

Photo: OSHA

CHICAGO ‒ Thirty-nine people died doing trench or excavation work in the U.S. in 2022 – four in Illinois and two others in Ohio. In fact, the number of worker fatalities more than doubled since 2021, continuing a troubling trend cited by the Bureau of Labor Statistics that found 166 workers died in trench cave-ins from 2011-2018, an average of 21 each year.

To address injuries and fatalities in the industry, the U.S. Department of Labor’s Occupational Safety and Health Administration is launching an outreach campaign in its Midwest region today to work directly with employers, workers, state agencies and industry associations to reduce and prevent serious injuries and fatalities suffered by workers in one of the nation’s most hazardous industries.

“A trench collapse can bury workers under thousands of pounds of soil and rocks in seconds, making escape and survival often impossible,” explained OSHA Regional Administrator Bill Donovan in Chicago. “With proper training and use of required safety procedures, incidents like these can be prevented. OSHA and industry employers are working hard to raise awareness of hazards and protective measures and educate employers on how they must protect workers.”

The new campaign is a collaboration between OSHA and on-site consultation projects across OSHA Region 5 including: Illinois On-site Consultation ProgramIndiana Occupational Safety and Health Administration and INSafe: Safety and Health Consultation; Michigan Occupational Safety and Health Administration and Michigan Consultative ServicesMinnesota Occupational Safety and Health Administration and Minnesota Workplace Safety Consultation ProgramOhio Bureau of Workers’ Compensation On-Site Consultation ProgramWisconsin On-Site Consultation Program, as well as trenching and excavation industry employers and other stakeholders such as the National Utility Contractors AssociationWisconsin Utility Contractors Association.

“By launching this trench and excavation safety campaign as the spring construction season gets into full swing, OSHA and its partners are determined to make sure industry workers finish their daily shifts safely,” Donovan added.

In 2022, OSHA conducted 311 trenching and excavation inspections at sites in Illinois, Ohio and Wisconsin. Six of the inspections followed incidents in which workers suffered fatalities after falling into a trench, being pinned between equipment, trapped by a cave-in or asphyxiated by naturally occurring, hazardous gases in the trench.

Industry employers and workers should remember the following essential trench safety standards:

  • Protective systems must be in place for trenches 5-feet deep or deeper. These systems include benching, sloping, shoring and shielding.
  • A registered professional engineer must approve trenches of 20-feet deep or deeper.
  • A competent person must inspect trenches daily – and as conditions change – before anyone enters a trench. The competent person must be able to identify existing and predictable hazards, soil types and protective systems, and have authority to take prompt corrective action to eliminate those hazards.
  • Excavated soils must be kept at least two feet from trench edges.
  • Underground utilities must be located and marked before digging begins.
  • Ladders must be positioned every 25 feet of lateral travel for safe entrance and exit from the trench.

OSHA has a national emphasis program on preventing trenching and excavation collapses, and developed a series of compliance assistance resources in English and Spanish to help keep workers safe from these hazards.

OSHA’s trenching and excavation webpage provides additional information on trenching hazards and solutions. including a safety video and safety alert.

OSHA participates in the National Utility Contractors Association Trench Safety Month each June.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

OSHA – Alarming rise in trench-related fatalities

First published by OSHA

22 workers have perished in first half of 2022

In 2022’s first six months, 22 workers have fallen victim to the deadly hazards present in trenching and excavation work – surpassing 15 in all of 2021 – and prompting the U.S. Department of Labor’s Occupational Safety and Health Administration to launch enhanced enforcement initiatives to protect workers from known industry hazards. Alarming rise in trench-related fatalities

To stress the dangers of disregarding federal workplace safety requirements for trenching and excavation work, OSHA enforcement staff will consider every available tool at the agency’s disposal. These actions will place additional emphasis on how agency officials evaluate penalties for trenching and excavation related incidents, including criminal referrals for federal or state prosecution to hold employers and others accountable when their actions or inactions kill workers or put their lives at risk.

In keeping with its National Emphasis Program for excavations, OSHA compliance officers will perform more than 1,000 trench inspections nationwide where they may stop by, and inspect, any excavation site during their daily duties.

“The Occupational Safety and Health Administration is calling on all employers engaged in trenching and excavation activities to act immediately to ensure that required protections are fully in place every single time their employees step down into or work near a trench,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “In a matter of seconds, workers can be crushed and buried under thousands of pounds of soil and rocks in an unsafe trench. The alarming increase in the number of workers needlessly dying and suffering serious injuries in trenching incidents must be stopped.”

“Every one of these tragedies could have been prevented had employers complied with OSHA standards,” Parker continued. “There simply is no excuse for ignoring safety requirements to prevent trench collapses and cave-ins, and leaving families, friends and co-workers to grieve when the solutions are so well-understood.”

A recent incident in central Texas highlights the dangers of trenching and an impetus for OSHA’s action. On June 28, 2022, two workers, aged 20 and 39, suffered fatal injuries in Jarrell, Texas, when the unprotected trench more than 20 feet deep collapsed upon them as they worked. Trench shields, which could have saved their lives, sat unused beside the excavation.

Trenching and excavation operations require protective systems and inspections before workers can enter. When employers fail to install trench protection systems or properly inspect the trench, workers are exposed to serious hazards, including risk of being buried under thousands of pounds of soil. By some estimates, a cubic yard of soil can weigh as much as 3,000 pounds, equal to that of a compact car.

States that operate their own Occupational Safety and Health plan have similar emphasis programs in place, and OSHA also encourages those states to consider additional measures, including criminal referrals for federal or state prosecution for trenching-related incidents.

Trenching standards require protective systems on trenches deeper than 5 feet and soil and other materials kept at least 2 feet from the edge of a trench. Additionally, trenches must be inspected by a knowledgeable person, be free of standing water and atmospheric hazards and have a safe means of entering and exiting prior to allowing a worker to enter.

“OSHA stands ready to assist any employer who needs help to comply with our trenching and excavation requirements,” Parker added. “We will conduct outreach programs, including safety summits, in all of our 10 regions to help ensure any employer who wants assistance gets it. The stakes are too important.”

OSHA’s On-Site Consultation Program, free and confidential health and safety consulting program for small- and medium-sized businesses, will assist employers in developing strategic approaches for addressing trench-related illnesses and injuries in workplaces.

The agency also urges workers to contact their local OSHA or state plan office, or call 800-321-OSHA, if their employer requires working in or beside trenches that are not sloped, shored, or shielded and are five or more feet in depth.

OSHA’s trenching and excavation webpage provides additional information on trenching hazards and solutions, including a safety video. Alarming rise in trench-related fatalities


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

2022 Trench Safety Stand Down

First published by Safety+Health an NSC publication

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Fairfax, VA — The National Utility Contractors Association, in partnership with OSHA, is calling on employers involved in trench work to participate in the seventh annual Trench Safety Stand Down.

Set to take place June 20-24, the stand-down is aimed at raising awareness of the dangers of trenching and excavation, as well as promoting the use of protective systems such as sloping, shoring and shielding. OSHA’s standard on trenching and excavation (1926.650, Subpart P) requires protective systems for trenches that are 5 feet or deeper, unless the excavation occurs in stable rock.

OSHA warns that trench collapses are “rarely survivable” because a cubic yard of soil can weigh as much as 3,000 pounds. Citing OSHA data, NUCA says 17 workers died in trench incidents in 2018.

The stand-down, which is part of Trench Safety Month, is geared toward “anyone who wants to prevent trenching and excavation hazards in the workplace.” NUCA encourages various occupations to get involved, including those employed in utility, residential and highway construction, as well as plumbers and safety equipment manufacturers. Free online tools, including checklists, fact sheets and videos, are available on the NUCA website.

“NUCA and the utility construction industry members must seek out every measure possible to reduce risks on our jobsites, which we all know can be a dangerous place to work if someone is unaware of its hazards,” NUCA says. “Time and time again, evidence shows that the key to significantly reducing the risks associated with our industry is employee training and reinforcement through events such as the TSSD Week.”


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

2021 Trench Safety Stand Down

First published by Safety+Health an NSC publication.

trenching.jpg

Fairfax, VA — As part of Trench Safety Month, the National Utility Contractors Association, in conjunction with OSHA, is urging employers involved in trench work to participate in the sixth annual Trench Safety Stand Down.

Set to take place June 14-18, the event is intended to raise awareness of the dangers of trenching and excavation while highlighting the use of protective systems such as sloping, shoring and shielding. OSHA’s standard for trenching and excavation (29 CFR 1926.650, Subpart P) requires protective systems for trenches that are 5 feet or deeper, unless the excavation occurs in stable rock.

According to OSHA, trench collapses claim the lives of two workers each month.

NUCA and OSHA are providing free online tools for the event, such as posters, checklists, fact sheets and videos. Additionally, NUCA and United Rentals are collaborating on a webinar series throughout the week.

“NUCA and the utility construction industry members seek out every measure possible to reduce risks on our jobsites, which we all know can be a dangerous place to work if someone is unaware of its hazards,” the association says in a press release.

NUCA encourages the use of the hashtag #TrenchSafetyMonth on social media to promote the stand-down and other related events throughout June.


McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Three Keys to Trenching and Excavation Safety

Trenching incidents are responsible for Backhoe digging a trenchapproximately 25 fatalities each year, according to the Bureau of Labor Statistics. From underground utilities to potential cave-ins to being struck by objects, workers face a range of hazards in these environments.

“When we talk about trenching and excavation, soil is by far our biggest hazard, but any underground utility that we come in contact with, whether we find a gas line we were not aware of, or high-voltage electric that is buried underground, is a hazard. There are so many hazards that have to be accounted for and it’s constantly changing,” says Eric Voight, vice president and assistant director at Conner Strong & Buckelew and member of the ANSI/ASSP A10 Committee.

Proper planning, understanding and monitoring the work environment and training can help workers safely complete a trenching and excavation project. Before you begin your next trenching and excavation project, keep these three points in mind.

Understand the Job Site

The first step toward a safe trenching or excavation project is knowing the soil type(s) and hazards workers will encounter on the job site. This requires assessing the soil(s), identifying hazards present and determining the steps needed to protect workers from those hazards.

“Before you put any shovel into the ground, before you bring any excavator or heavy piece of equipment, you have to plan for all of the hazards that we could encounter, and that starts even before you get out on the site,” Voight explains. “You have to make sure that that you call 8-1-1, or whatever your number is in your locality, and have them come out and mark for any known hazards that could be in the area.”

In terms of classification, soils are divided into four types:

  • Type A: clay, silty clay, sandy clay and clay loam
  • Type B: angular gravel, silt, silt loam and soils that are fissured or near sources of vibration
  • Type C: granular soils in which particles don’t stick together and cohesive soils with a low unconfined compressive strength
  • Stable rock

Voight stresses the need to do multiple tests on soils, using techniques such as a visual test, a ribbon test or a dry strength test to determine the types of soil present. You may also use tools such as a torvane or a pocket penetrometer to assist in the analysis.

“You really have to get your hands dirty,” he says. “It’s not something that you can just step back and take a look and say ‘this looks like Type C soil.’” You actually have to put your hands into the dirt because it’s something you may have to justify how you came up with your determination.”

Throughout the planning process and with any soil evaluation and testing, it’s critical to partner with the competent person on the project to determine how job site hazards will be addressed and what will be the best solutions for providing a safe work environment.

“One of the biggest things you have to identify is who your competent person is going to be,” Voight says. “That competent person will be the one who will determine, based on the depth, width, soil type and work processes, which protective structure will be best for your workers.”

OSHA defines a competent person as “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”

Monitor the Work Environment

The conditions on a trenching and excavation site change constantly. Therefore, you have to continuously monitor the site to determine how those changes may affect worker safety. These could be weather-related factors, or issues related to the makeup of the job site changing over the course of a project.

“An evaluation must be done any time conditions change on the site,” Voight says. “Whether it’s an afternoon thunderstorm, or freezing and thawing, those are critical times because those conditions can create voids in the soil and drastically change how a trench is going to react.”

He adds that soil wants to fill back in due to the natural pressures of any voids that are created, so that must be taken into account when determining which protective measures are best-suited for a particular project.

“Once you understand that a hazard is always going to be there, then you can plan on different ways that you can go through and minimize those risks,” he says. “Whether it’s through a protective structure or some sort of sloping or benching, there are many options that you can choose. Choose the one that matches your task.”

In addition to a safety professional monitoring the conditions on the job site, workers must also continuously assess the conditions in a trench to make sure they stay safe throughout the work day.

“The best thing workers can do to protect themselves is make sure there is some barrier between themselves and the soil,” Voight explains. “Whether it is a trench box, a trench shield, timber shoring or removing soil to create an opening. If there is no soil that can entrap them, then there’s no soil that can bury them.”

Know the Numbers

Voight emphasizes that the standards developed around trenching and excavation such as the ANSI/ASSP A10.12 standard are data driven, and you need to know certain numbers to protect workers on the site.

Before you begin any trenching and excavation project, keep these numbers in mind, in accordance with the A10.12 standard:

  • Provide a means of access and egress in trenches that are 4 ft. or more in depth so as to require no more than 25 ft. of lateral travel for workers.
  • Keep spoil piles at least 2 ft. from the edge of a trench.
  • Trenches 5 ft. or more in depth require a protective structure.
  • Trenches 6 ft. or more in depth require fall protection.
  • Trenches greater than 20 ft. in depth require a professional engineer to review the protection of structures you have in place.

“We need to make sure that ultimately we’re keeping that soil away from entrapping our workers,” he says. “It takes time, it takes effort, but it’s the only way we’re going to prevent injuries and fatalities.”

Listen to our podcast with Eric Voight of the ANSI/ASSP A10 Committee to learn more about how you can protect workers during trenching and excavation projects.

‘It happens in a second’: CPWR webinar focuses on preventing trench collapses

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Silver Spring, MD — Pausing on an image of workers installing a septic tank liner, OSHA Directorate of Construction Director Scott Ketcham told attendees of a May 28 webinar they were looking at “a tragedy in the making.”

The photo showed an unprotected trench, and one of the workers pictured died when the trench collapsed moments after the photo was taken, said Ketcham, one of several experts featured in the webinar, hosted by CPWR – The Center for Construction Research and Training.

“This is why we’re focusing on trenching,” he said. “It happens in a second, and the conditions can lead to loss of life very quickly.”

According to Bureau of Labor Statistics, 17 workers died in excavation or trenching incidents in 2018.

Joe Wise, regional customer training manager of trench safety at United Rentals, and Alan Echt, senior industrial hygienist at the NIOSH Office of Construction Safety and Health, joined Ketcham in addressing factors that influence trench safety during the one-hour presentation.

Atop the list are protective systems. The OSHA standard for trenching and excavation (29 CFR 1926.650-652, Subpart P) requires protective systems for trenches that are 5 feet or deeper, unless the excavation occurs in stable rock. A registered professional engineer is required to design protective systems for trenches that are at least 20 feet deep or approve tabulated data prepared for the system.

The three primary protective systems are:
Sloping (or benching): Cutting back the trench wall at an angle inclined away from the excavation.
Shoring: Installing aluminum hydraulics or other types of supports to prevent cave-ins.
Shielding: Using trench boxes or other supports to prevent cave-ins.

Wise highlighted the vital role served by the designated competent person, who leads the operation and assesses existing and potential hazards before work begins.

“There’s so many different ways to help shore up a trench, and not every job is the same, so someone that is a competent person, that has that awareness of many different solutions, is going to be better suited to make sure that job can not only be safe, but also very productive in the process of that project,” Wise said.

The National Utility Contractors Association recently declared June Trench Safety Month. In addition, the North American Excavation Shoring Association and OSHA are set to host a series of educational trench safety summits in Boston; Orlando, FL; Los Angeles; and Denver during the summer and early fall.

Trench Safety Stand Down set for June 15-19

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Fairfax, VA — The National Utility Contractors Association, with support from OSHA and the North American Excavation Shoring Association, is calling on employers involved in trench work to participate in the fifth annual Trench Safety Stand Down, scheduled for June 15-19.

The event is intended to raise awareness of the dangers of trenching and excavation, as well as promote the use of protective systems such as sloping, shoring and shielding. The OSHA standard for trenching and excavation (29 CFR 1926.650, Subpart P) requires protective systems for trenches that are 5 feet or deeper, unless the excavation occurs in stable rock.

As part of the event, NUCA, NAXSA and OSHA are offering free online tools, including posters, checklists, fact sheets and videos.

OSHA cautions that 1 cubic yard of soil can weigh as much as 3,000 pounds, and adds that trench collapses are “rarely survivable.” According to NUCA, citing data from OSHA, 17 workers died in trench incidents in 2018.

As a result of previously successful campaigns, NUCA has expanded upon the stand-down and declared June the inaugural Trench Safety Month, a May 20 organizational press release states.

“In this industry, the safety of our employees on the jobsite is our top priority,” NUCA CEO Doug Carlson said in the release. “Making this June ‘Trench Safety Month’ emphasizes the valuable training and experiences our members’ employees are gaining through the Trench Safety Stand Down week held annually in June throughout our industry.”

New Public Service Announcement on Trench Safety Available

OSHA released a new public service announcement on trench safety that features U.S. Secretary of Labor Alexander Acosta. The 45-second video, “5 Things You Should Know to Stay Safe,” highlights well-known and proven safety measures that can eliminate hazards and prevent worker injuries. For more information on protecting workers in trenches, see OSHA’s Trenching and Excavation webpage.