In a recent investigation, the U.S. Department of Labor (DOL) has uncovered the devastating consequences of neglecting employment laws. A Miami-based engineering company faced a grim outcome when their failure to comply with safety regulations resulted in a diver’s tragic death during dredging work in a canal. This incident serves as a stark reminder to small and midsize business owners about the importance of adhering to employment laws and regulations.
OSHA Investigation Unveils Serious Violations
The DOL’s Occupational Safety and Health Administration (OSHA) conducted an in-depth investigation into the incident that occurred in January 2023. The investigation found that the engineering company had a history of federal workplace safety violations and could have prevented the drowning of a 48-year-old diver by implementing required rescue procedures. As a result of their findings, OSHA issued a total of 18 serious violations against the company, leading to proposed penalties amounting to $258,935.
This isn’t the first time the engineering company has been cited for safety violations. In fact, since 2018, OSHA has flagged the company for various safety breaches, including failing to provide timely medical attention to an injured worker and not having readily available medical services and first aid. These previous violations should have served as a wake-up call for the company to prioritize the safety and well-being of its employees.
The OSHA investigation highlighted a series of crucial safety measures that the engineering company failed to implement. These included adequate training for dive teams in equipment use, techniques, and emergency procedures, as well as ensuring that all team members were trained in CPR. Additionally, the company neglected to assess water conditions before diving and lacked an experienced supervisor for dredging operations in low-visibility canals.
Furthermore, the investigation revealed that the company did not provide workers with essential safety resources, such as safe practices manual for underwater diving, a properly stocked first aid kit, and resuscitation equipment. Basic diving procedures and environmental condition briefings were also lacking. The safety and health aspects of diving modes, underwater conditions, and emergency procedures were not adequately evaluated.
Consequences to Come
OSHA also pointed out that the engineering company failed to equip employees with essential safety gear, including safety harnesses for injured divers, a two-way communication system, marked umbilicals for distance measurement, non-return valves for surfaced-supplied air, life jackets, buoyant work vests, and a lifesaving skiff. Furthermore, the company neglected to keep air compressor intakes away from areas with exhaust or contaminants, and failed to maintain records of equipment modifications, tests, calibrations, and maintenance services.
Headquartered in Miami, the engineering company engages in a range of heavy equipment operations and construction activities, including lake excavation and storm drainage system installations. With a workforce of over 400 employees, the company’s disregard for safety regulations has had severe consequences, leaving a lasting impact on the diver’s family, friends, and co-workers.
Conclusion
The tragic incident involving the engineering company underscores the critical importance of adhering to employment laws and regulations. Small and midsize business owners must recognize that neglecting safety standards and failing to comply with legal requirements can lead to devastating consequences, not only in terms of financial penalties but also in terms of human lives. Prioritizing employee safety and well-being should be a fundamental aspect of any business operation, ensuring a productive, ethical, and responsible work environment.
Remember, violations of employment laws not only jeopardize your business’s reputation but can also lead to substantial financial losses and legal consequences. By prioritizing compliance and embracing a culture of safety, you can protect your employees and your business’s future success.