[HN Gopher] Trench collapses have killed hundreds of workers in ...
       ___________________________________________________________________
        
       Trench collapses have killed hundreds of workers in the US over the
       last decade
        
       Author : rntn
       Score  : 122 points
       Date   : 2024-07-21 12:17 UTC (10 hours ago)
        
 (HTM) web link (text.npr.org)
 (TXT) w3m dump (text.npr.org)
        
       | Aurornis wrote:
       | > In every instance, the deaths were preventable, experts say.
       | All but one of the victims were male; the youngest was 16. In
       | many cases, the companies failed to follow basic government rules
       | for making trenches safe.
       | 
       | Having known someone in the construction industry, I don't think
       | this is as simple as blaming "the companies".
       | 
       | One of his frequent frustrations is getting workers to actually
       | use the safety gear and follow the company safety policies. This
       | includes properly securing trenches with the equipment they
       | provide and mandate.
       | 
       | I've heard stories about new guys who refused to wear _safety
       | glasses_ or hearing protection while working machinery. Some of
       | them so defiant that they had to be fired within weeks.
       | 
       | Obviously we need to harshly fine the companies that fail to
       | provide safety gear or pressure employees to do unsafe things.
       | However, having had a peek behind the curtain I think this issue
       | is more complex than a simple failure of companies to follow
       | guidelines for providing gear and procedures to employees. You
       | really have to be on top of work crews all the time to make sure
       | they're actually following procedures rather than cutting
       | corners.
        
         | freitzkriesler2 wrote:
         | It's a combination of many things up and down the chain. The
         | work is dirty and grueling but even proper safety fails at
         | times. Speed shoring trenches works but sometimes it doesn't
         | for reasons that we don't know. Same for scaffolding and
         | others. Construction is dangerous and those guys really do
         | deserve the money paid to them.
        
         | mattficke wrote:
         | If the existing procedures aren't ensuring a safe workplace,
         | the procedures aren't adequate. Job site safety can add time,
         | and it's the company's responsibility to ensure that there is
         | no incentive for a worker to be able to speed up the job by
         | skipping a step.
         | 
         | I've worked in places where the safety procedures were clearly
         | perfunctory (drove a forklift in a warehouse for several years,
         | among other jobs) and if I had insisted on following the actual
         | safety procedures I would've gotten endless grief from other
         | employees for slowing them down. This is a management failure.
        
         | cjbgkagh wrote:
         | In my experience it's the workers, and it's machoism amongst
         | the workers that creates an intentionally anti-safe culture
         | where such cultures are permitted. Where I live they remove the
         | angle grinder guards off and use 'safety squints' when welding.
         | A friend had people working on his house, when I visited I made
         | them stop their work and put the recently removed angle grinder
         | guards form their new tools back on. I also and got them a
         | chepo welding helmet. Not long after I left that day they took
         | the guards back off and a young worker cut off a 1/4 of his
         | hand and had to be rushed to hospital. My friend had a 'let
         | them do what they want to do' attitude to the workers which
         | thankfully has now been replaced with a 'safety first'
         | attitude. Unfortunately too late for the kids hand.
         | 
         | This sort of stuff can't be done bottom up as there is huge
         | social pressure to demonstrate manliness to peers through risky
         | activity. Only strict top-down edicts where such digressions
         | are severely punished can take away that pressure; i.e. instead
         | of using safety equipment it's because they're a sissy it's
         | because their mean old boss is a sissy and they're forcing them
         | to use it.
         | 
         | While OSHA can be a bit onerous it really does help to have an
         | organization with teeth pushing safety culture. Instead of the
         | conflict between the workers and their bosses 'stupid rules'
         | it's the 'stupid rules' of some 3rd party.
        
           | crhulls wrote:
           | I second this. My day job is tech but I redid a rental
           | property. I told the workers to wear a harness on the roof. I
           | didn't cheap out and bought nice comfortable equipment.
           | 
           | They told me they were wearing it, but I came by unannounced
           | and there they were on the roof with no harness.
           | 
           | I asked the supervisor what was up and they were doing the
           | same thing to him. They would put it on then take it off as
           | soon as no one was looking.
           | 
           | It was Latin machismo - the social pressure was so strong to
           | not look goofy in a harness. The second time I saw this
           | happen I wrote a firm zero tolerance letter which I
           | translated to Spanish and hand delivered.
           | 
           | One of the crew still didn't listen. I fired him.
           | 
           | (Not saying that reckless bosses aren't an issue, especially
           | in these trenching incidents where the safety equipment
           | didn't exist)
        
             | jeromegv wrote:
             | You are proving this is a management issue. You took steps
             | to address the issue. Fired people who didn't listen. The
             | fact they thought they could do it without consequences
             | means they never got into trouble by management at other
             | job sites. If your industry has a culture of not following
             | safety procedures it's only because bosses don't enforce
             | it.
        
               | ryandrake wrote:
               | There were still no real consequences. At least today,
               | that crew has a several month long waiting list and will
               | just shrug and walk over to the next job. You really need
               | to get OSHA involved and for it to start costing
               | companies money.
        
               | s1artibartfast wrote:
               | What does OSHA do in this situation? The roofing worker
               | was fired for safety violation but can find work
               | elsewhere.
               | 
               | In this example it isnt about the company.
        
               | ryandrake wrote:
               | Unless I read it wrong, OP fired the whole company/crew,
               | not individual workers.
               | 
               | The company is responsible for workers that are
               | improperly trained or out of control. If the supervisor
               | can't enforce workplace safety rules, then the supervisor
               | isn't doing his job, and if the company does not have
               | process in place ensuring the supervisor is doing his
               | job, then the company needs to be fined, too.
               | 
               | I can't believe we have this attitude of throwing up our
               | hands and saying "Aww shucks, ya just can't convince
               | those darn individual machismo men to do their job right.
               | What can ya do?"
        
               | garciansmith wrote:
               | OP wrote "One of the crew still didn't listen. I fired
               | him." He fired the offending worker, not the whole
               | company. Though in general I agree regarding supervisors.
        
               | crhulls wrote:
               | Yes I fired the specific worker. It was my own crew, not
               | a 3rd party company.
        
               | s1artibartfast wrote:
               | That depends on what level of the RCA you are looking at
               | it. It can be simultaneously true that workers dont want
               | to wear them and bosses dont enforce it. Understanding
               | both facts is important for risk reduction.
        
               | crhulls wrote:
               | Sure, in theory you are correct, but it misses the
               | nuances of human reality.
               | 
               | Flipping back to my day job, a counter example is
               | security people covering any edge case so that everything
               | grinds to a halt or lawyers over processing everything
               | and stifling creativity.
               | 
               | The same people that might grumble about something being
               | a management issue sometimes also complain about
               | bureaucracy and process when things go the other way.
               | 
               | There aren't simple trade off free answers to this stuff.
        
               | istjohn wrote:
               | Yes, a top-down safety culture entails some level of
               | bureaucracy and process overhead. That is the price that
               | must be paid for jobsite safety. No one is saying there's
               | a free lunch.
        
               | solveit wrote:
               | If safety is cheap but overcoming culture is expensive,
               | at some point it becomes misleading (wrt ethics of
               | participants, not correct course of action) to say the
               | problem is that management doesn't care enough to spend
               | money on safety, even if management is the only lever we
               | have to fix the issue.
        
               | newaccount74 wrote:
               | Telling people to wear a harness is not "covering every
               | edge case so that everything grinds to a halt". It's just
               | ensuring that the bare minimum is being done to prevent
               | workplace deaths.
        
               | s1artibartfast wrote:
               | I think the interesting part of the comparison was the
               | following two sentences.
        
             | s1artibartfast wrote:
             | I'm curious how liability works in this situation and when
             | it ends? It sounds like you were operating as a general
             | contractor. Were you paying the roofers salary or did you
             | have a business to business relationship?
             | 
             | Relatedly, someone was telling me what workers insurance is
             | 1% of construction costs for large infrastructure like
             | building hospitals.
        
               | crhulls wrote:
               | I'm technically an owner builder. I have a workman's comp
               | policy that ranges from 10-40% of payroll depending on
               | the task. For a residential project I can definitively
               | say insurance is way more than 1% of total cost. Eg for
               | the sake of round numbers, let's say labor is 50% of the
               | total. If I take the absolute lowest percent of what I
               | pay for insurance, we already are up to 5%.
               | 
               | This is separate from liability insurance for say
               | negligence if I got sued. I hope my umbrella policy would
               | cover me here but I found in my situation it is a bit
               | confusing. An insurance broker struggled to give me clear
               | answers
        
               | s1artibartfast wrote:
               | That doesn't surprise me. I imagine that construction
               | labor is a lower fraction of expenses for very large
               | projects, as well as real risk, and overhead.
               | 
               | In the conversation, they told me that their #bigco was
               | able to save X hundred million a year by creating their
               | own insurance company and requiring all of their contract
               | builders to use it.
        
               | dboreham wrote:
               | The people with money become liable.
        
               | s1artibartfast wrote:
               | Thats not a very useful heuristic. There are numerous
               | relationships that effectively shield liability, and many
               | of these make perfect sense.
        
             | pandaman wrote:
             | Is this "Latin machismo"? Look at the cyclists on the
             | streets, I don't know where you live but everywhere I've
             | been in the US at least half of them are without a helmet.
             | It just appears that most people don't believe that things
             | that have not happened to them are real. They don't grab a
             | hot skillet only because they have done that and found that
             | it's quite painful. They don't wear a helmet or any PPE
             | because they have not experienced the things it's supposed
             | to protect them form.
        
           | delichon wrote:
           | I don't think the angle grinder guard issue is cut and dry. I
           | sometimes operate mine without a guard in conditions where
           | the guard prevents me from seeing the point of contact, which
           | for me is a more severe safety problem. When I can't simply
           | rearrange the work I remove the guard and take extra care.
           | Such complex work environments should not be regulated
           | inflexibly.
        
             | cjbgkagh wrote:
             | They never put the guard back on, you'll never see a guard
             | in use here. That's why they consider it ridiculous to use
             | one because no one else does. Never-mind the constant
             | stream of people going to the hospital. Plus they use
             | oversized grinders where smaller ones would be fine and
             | safer even if slightly slower. And they take the guard off
             | from the start so there is no guard while they're still
             | leaning.
             | 
             | I had a 'see me' for an exemption policy while I was there
             | and they didn't need one. They really were not doing the
             | kind of work that needed it.
        
             | giantg2 wrote:
             | Seems like a decent use case for an endoscope. I've never
             | used one with and angle grinder, but seeing into places
             | where other tools are cutting/drilling when the tool is
             | blocking the view has been great.
        
               | istjohn wrote:
               | Or a mirror
        
             | convolvatron wrote:
             | its not just seeing what you're doing, the guard really
             | does limit your ability to control the contact with the
             | work. i'm all for PPE, including full face shields when
             | working with cutting disks, but the guard is actually a
             | real hindrance.
             | 
             | the most common injuries I have with grinder are:
             | a) using a sanding disk and buffing off some skin
             | b) running a cutting disk into my hand             c)
             | getting the grinder caught into my clothing and pulling it
             | into my torso             d) getting grit in my eyes
             | 
             | (c) is pretty nasty and isn't helped by the guard. (d) is
             | trivially preventable by using fitting safety glasses. (a)
             | and (b) result in cuts that are potentially bad, but not
             | permanent.
             | 
             | for me the real issue here is using grinder that are in
             | excess of 5". sometimes thats necessary, but the idea of
             | throwing around an 8" cutting disk with a > 1hp motor
             | without a guard just makes me frightened thinking of it. i
             | had a job where they insisted i use one and i just walked
             | off. and cutting tools with blades, i.e for masonry. thats
             | asking for real hurt. or those insane little chiansaws.
             | just no.
        
               | istjohn wrote:
               | Most PPE has very real tradeoffs. Respirators are
               | uncomfortable, especially in hot weather. Safety glasses
               | get dusty and smudged. Gloves limit dexterity. Mortar
               | mixer grates make it difficult to clean unmixed sand and
               | mortar from the sides. Safety harnesses take time to donn
               | and doff and limit mobility. It's rare that the safest
               | procedure is the quickest and cheapest.
               | 
               | As a society, we've decided that we are willing to pay
               | the price to keep our workers safe on the job. But it
               | only works if our regulators are effective and make the
               | costs of noncompliance greater than the costs of
               | compliance.
        
               | chgs wrote:
               | Safety equipment can introduce new dangers too, both from
               | correct use, and from refusal to use it
               | 
               | For example a hard hat might be fine, people generally
               | are happy with that - they see the benefit, they see
               | things falling, job done.
               | 
               | but then you add a ton more stuff which has decreasing
               | benefit and increasing cost to use (in terms of comfort
               | as well as time and dollars) and eventually the worker
               | says "fuck it" and doesn't even wear the hat.
               | 
               | there is always a balance to be had. We do the same in
               | domestic life - we make motor cyclists wear helmets, but
               | not car passengers. If we made all car occupants wear a
               | helmet we would reduce head injuries for occupants in car
               | crashes. But that would be ridiculous.
        
               | briankelly wrote:
               | Had the pleasure of cutting concrete pipe with a 16" saw
               | at my first job. That thing was scary as hell. Needless
               | to say no one pulled the guard off it though.
        
           | christkv wrote:
           | This is not only a us problem for sure. Made two workers who
           | where cutting pavement stones at our house wear safety
           | glasses after i saw them cutting the stones with no
           | protection. I don't want it on my conscience if one of them
           | goes blind due to a flying stone split.
        
           | SubjectToChange wrote:
           | _While OSHA can be a bit onerous it really does help to have
           | an organization with teeth pushing safety culture. Instead of
           | the conflict between the workers and their bosses 'stupid
           | rules' it's the 'stupid rules' of some 3rd party._
           | 
           | OSHA standards are quite a low bar in general. An
           | organization that is simply "OSHA compliant" is definitely
           | not taking safety seriously. Moreover, OSHA is often far down
           | the list of regulatory agencies that companies are worried
           | about. For example, killing a protected bird species is far
           | more likely to incur 6-7 figure fines and/or land management
           | in prison than a workplace fatality.
           | 
           | That said, the situation with OSHA isn't particularly
           | concerning. Most major companies are aggressively safety
           | oriented. Even ignoring the legal liabilities of injured
           | workers the fact is that, in the long term, unsafe working
           | conditions are often less productive and potentially
           | extremely damaging to capital investments. To illustrate, an
           | accident at an oil refinery could easily run into the
           | hundreds of millions in damage, in addition to an equal if
           | not greater amount in lost production. The costs of settling
           | lawsuits and/or fines for safety violations are _trivial_ by
           | comparison.
           | 
           | Nowadays, the greatest risks to U.S. labor is not from the
           | likes of Kiewit, Union Pacific, Rio Tinto, etc. It is the
           | small and under capitalized businesses. So, what can be done?
           | Such businesses are already walking on a financial tightrope.
           | If OSHA were to properly scrutinize such businesses even
           | their limited fines would present a significant stress. Some
           | people might retort that if a business can't operate safely
           | than it shouldn't be operating at all, which is a fine. The
           | downside is that all of those services will become
           | substantially less competitive and more expensive.
        
           | dahart wrote:
           | There's a huge difference between avoiding PPE because you're
           | macho, and the company avoiding structural reinforcements in
           | a trench. This whole thread is sidetracked on PPE. When
           | someone chooses to do angle grinding without a guard, or
           | chooses not to wear a helmet or goggles, they're putting
           | their own safety in danger. It's dumb, but very different
           | from the company making that decision for you. Companies
           | should perhaps be partly liable when they don't require and
           | monitor PPE use, but they should be _fully_ liable when the
           | construction plan puts everyone at risk. That's the company
           | making bad /illegal safety choices for the workers, not the
           | workers making their own bad decisions. Not installing trench
           | boxes is like the company disallowing PPE on the job.
           | 
           | I'm sure there's gray area in between personal bad decisions
           | and company bad decisions, but if a mining company were to
           | operate a mine without reinforcing the walls, a mine collapse
           | is 100% on the company, whereas if workers stop wearing masks
           | while working and they get black lung after being provided
           | masks and being told they're mandatory, then it's a bit more
           | reasonable to say the workers made bad personal decisions,
           | _and_ the company didn't do enough to enforce personal safety
           | practices.
           | 
           | Trench boxes are the same as mine cable reinforcement -
           | something the company is fully responsible for. Pointing at
           | workers and/or talking about PPE safety culture just isn't
           | very relevant.
        
         | dahart wrote:
         | This is an article about installing trench boxes, which is a
         | decision made by the company, not individual workers, and has a
         | long list of company execs admitting they didn't follow the law
         | because it cost them money. This isn't that complicated and
         | doesn't really compare to individuals foregoing _personal_
         | safety equipment.
        
           | newsclues wrote:
           | Individual workers at job sites decide what they do, from how
           | to build to what safety gear they use. Project managers and
           | engineers give instructions but workers can and do ignore
           | them and do whatever they want.
        
             | Jgrubb wrote:
             | Yeah ok buddy, every job site everywhere is just anarchy.
             | We have no idea how bridges and skyscrapers get built,
             | really.
        
             | dahart wrote:
             | It seems like you didn't understand the distinction between
             | PPE and the project plan for trench boxes. In the case of
             | PPE, the company is providing the safety equipment and
             | asking workers to use it. Yes it's true that some workers
             | choose not to use ear plugs, glasses, harnesses, etc.
             | (often because the PPE is uncomfortable.) In the case of
             | trench boxes, companies have to keep the information away
             | from workers in order to prevent their use, and the article
             | cites multiple examples of that occurring. Trench boxes
             | require company action and expenditure _in advance_ of
             | construction that is not up to individual workers.
             | 
             | When the contractor rents or orders a trench box, delivers
             | it to the site, arranges for the excavator, or even a crane
             | for larger operations, and lays out the construction plan,
             | there is no such thing as ignoring it. Just in case you
             | missed it in the article, not only are trench boxes
             | required by law in the US, a safety supervisor on site
             | overseeing the operation is also required. The laws were
             | written to prevent individual workers from being able to
             | ignore the construction safety plan, and require company
             | oversight. The only way it gets ignored is from the top.
        
               | newsclues wrote:
               | And yet the evidence of worker deaths due to lack of
               | safety measures seems to imply that I am right.
               | 
               | Maybe you haven't much experience working on job sites.
               | Maybe you'd know about subcontractors who don't gaf or
               | workers who are told to do something and they don't
               | listen. Maybe you're just unaware of the facts of
               | reality? Utopian fantasy is not real life.
        
               | snozolli wrote:
               | _Maybe you'd know about subcontractors who don't gaf or
               | workers who are told to do something and they don't
               | listen._
               | 
               | As GP said:
               | 
               |  _a safety supervisor on site overseeing the operation is
               | also required_
               | 
               | You don't want to listen? No more job. You don't need
               | cooperation, you need authority with incentives to act
               | (i.e. stiff penalties).
        
               | dahart wrote:
               | You are right about what? And why? The article clearly
               | explained the worker deaths, and it was because company
               | CEOs had chosen to avoid the mandated safety precautions
               | (trench boxes) over cost concerns, and had chosen to not
               | tell the workers about the safety requirements. They
               | _admitted_ it in many cases, and in some cases went to
               | jail. The authors' survey of trench fatalities found that
               | company execs overwhelmingly had never planned to install
               | trench boxes in the first place. There were no cases
               | mentioned of trench boxes and heavy equipment being
               | arranged and delivered, and of having individual workers
               | instead decide not to install them. Are you aware of any,
               | and are you accusing the article of some kind of bias?
               | 
               | I already agreed with you and I'm aware that workers can
               | make bad individual decisions, but that is not relevant
               | here. We're not talking about any and all construction
               | safety, we're talking about trenches and trench boxes. A
               | few simple facts of reality that you might be ignoring
               | that I've already mentioned are: 1- trench boxes require
               | heavy equipment and advance planning; 2- the law requires
               | a safety supervisor to ensure workers follow the plan.
               | Neither of those is up to individual workers and cannot
               | be undermined by individual workers.
               | 
               | To your broader point (that doesn't apply to trench
               | boxes), workers only get away with stuff when the company
               | doesn't care enough. The company is paying, and has all
               | authority to monitor and enforce any and all safety
               | concerns, should they be sufficiently motivated.
        
               | mindslight wrote:
               | I think one of the examples from the article did say
               | there was a trench box on site sitting next to the
               | trench, but it had not been installed. I would be very
               | interested in the root cause analysis of why that didn't
               | happen. I agree with you that "individual workers" aren't
               | deciding whether to install trench boxes or not - it's
               | definitely a multi person task, and therefore should
               | under the direction of whomever is managing the
               | operation. I wouldn't be surprised if one of the ultimate
               | causes is something like one to several ton mini/small
               | excavators are good at digging 8-10ft deep trenches, but
               | nowhere near big enough to lift the appropriately sized
               | trench boxes. (This obviously doesn't excuse it, rather
               | just pointing out a possible terrible dynamic for a
               | smaller operation).
        
               | dahart wrote:
               | I went back to look, and it seems you're referring to the
               | case in the article of WBW construction, which OSHA
               | deemed to be willful and repeated company violations, and
               | the accident in question was triggered by the foreman
               | (father of one of the deceased) doing a "side cut" into
               | the main trench. They said there were trench boxes
               | (plural) onsite that the company had chosen not to
               | install, so root cause doesn't seem like a case of
               | workers thwarting the construction safety plan, or of
               | too-small diggers. Further down the article also
               | discussed the evidence that the company may have
               | essentially forged a statement by the foreman. We are
               | only getting one view here, but considering that OHSA
               | fined them and claims willful violation, and that there
               | is evidence of multiple wrongs in the case, it all seems
               | to support the summary that the company is solely
               | responsible and culpable, right?
        
           | jcims wrote:
           | My brother has been in repair for a telco for almost 30
           | years. It's a union shop and the company takes safety very
           | seriously. They constantly send safety out to repair sites
           | because the guys out in the field still jump in the hole so
           | they can get their work done and get out of there.
        
             | dahart wrote:
             | "Trench work can be so precarious that OSHA also requires
             | companies to have an experienced supervisor on-site with
             | authority to stop work in a trench if they consider it
             | unsafe"
             | 
             | Isn't safety supposed to be on-site at all times? The point
             | of the law is to prevent people who don't know the risks
             | from jumping in the hole, right?
        
               | s1artibartfast wrote:
               | >The point of the law is to prevent people who don't know
               | the risks from jumping in the hole, right?
               | 
               | I think this is too simple of a view. I think the
               | interesting point is many workers dont want to use the
               | safety features, and it isnt a simple matter of
               | education. This is why a simple training class dont work.
               | 
               | Instead it is a matter of incentives, so you need to have
               | someone onsite whos sole job is to make sure workers do
               | it the way the company wants, not they way the the worker
               | want.
        
               | jcims wrote:
               | Honestly the 'we care about your safety' doesn't work. It
               | should be 'nobody cares if you die on the job, but we're
               | going to send everyone else home with no pay'.
        
               | dahart wrote:
               | I'm confused by your reply. The law says you need someone
               | on-site, not that a training class is sufficient. The
               | part of my comment that you quoted was based on the idea
               | of having someone on-site monitoring the workers.
        
           | kurthr wrote:
           | Here's a video of trench collapse with a trench box (0/10
           | made of bamboo- thanks for playing).
           | 
           | https://youtube.com/shorts/T4jfbUqMwAk
        
             | shrx wrote:
             | Regular video format:
             | https://www.youtube.com/watch?v=T4jfbUqMwAk
        
         | RobotToaster wrote:
         | Often the safety equipment provided is the cheapest, most
         | uncomfortable, version possible. Cheap safety glasses can fog
         | up quickly or chafe, for example. The company does this fully
         | expecting that it won't be used, but they can then blame the
         | workers for not using it when something does go wrong.
        
         | bloopernova wrote:
         | Yeah, utilities have a constant battle to keep safety measures
         | effective.
         | 
         | Even when folks had recently been killed in the field due to
         | basic safety equipment not being used, there would be people
         | who would roll their eyes and bemoan the "red tape and
         | bureaucracy".
        
         | matwood wrote:
         | > I've heard stories about new guys who refused to wear safety
         | glasses or hearing protection while working machinery.
         | 
         | This is just crazy. It's low effort to protect the most exposed
         | body functions while using machinery. I always cringe when I
         | see someone doing any kind of that type of work w/o eye
         | protection. Even something simple like hammering nails can
         | cause a chip to fly off and into your eye.
        
           | dboreham wrote:
           | Humans are on average very dumb. They'll say things like
           | "I've done this 100 times and never taken my eye out".
        
           | s1artibartfast wrote:
           | I work in a lab full of masters and Phd engineers and it is
           | extremely difficult to get safety glass compliance above 50%.
           | The company has mandatory yearly training, and leadership
           | will discipline workers, but at the end of the day glasses
           | are annoying and come off whenever supervisors arent looking
        
           | KineticLensman wrote:
           | I've been gardening for 30 years, never any issues. Last year
           | I pulled a broken branch out of a hedge and a bit I hadn't
           | seen wacked me in the eye. Couple of hours later I was seeing
           | flashes and a massive floater-like object appeared, a bit
           | like a wobbling HUD graticule around my central vision.
           | Turned out to be a posterior vitreous detachment which
           | luckily settled down (mostly). Thank Christ.
           | 
           | I bought some airsoft goggles which are reasonably
           | comfortable and non-misting, and wear them when doing any
           | significant work, even just gardening.
        
         | vondur wrote:
         | My dad used to manage a heat treating shop. He came in one
         | night to check on something and found one of the late shift
         | workers had attached himself to the gantry crane and was flying
         | around the shop on it. He was promptly fired.
        
           | Aeolun wrote:
           | To be fair, this sounds awesome to be doing yourself.
        
         | deegles wrote:
         | I've read that workers are now refusing to wear masks for
         | things like painting or sanding because of the peer pressure
         | against wearing masks for Covid.
        
         | blackeyeblitzar wrote:
         | > All but one of the victims were male
         | 
         | I assume this is simply a reflection of the construction
         | industry and not specific to trenches? Most jobs that are
         | dangerous are done almost entirely by men in virtually every
         | country.
        
         | cjalmeida wrote:
         | This is no excuse. At least in larger companies, you have
         | safety inspectors that routinely visit shops unannounced and
         | will give you and your manager trouble if you're not following
         | procedures. They answer directly to higher up and can't be
         | pressured into letting it pass.
        
         | njarboe wrote:
         | An alternative perspective to making tools less functional for
         | safety.[1]
         | 
         | Handy when drilling a 5/8" hole through 10" of wood.[2]
         | 
         | [1]http://www.team.net/mjb/hawg.html
         | [2]https://njarboe.com/chal/barn/barn4.html
        
         | zymhan wrote:
         | Your anecdotes are far less valuable than the actual reporting
         | in the article.
        
       | aaron695 wrote:
       | I do love the way un-shored trenches have become a meme on TikTok
       | using the sound bite from the "Who's in charge today?" meme video
       | - https://www.youtube.com/watch?v=uLs1_8yohb8
       | 
       | Example using the sound bite -
       | https://www.tiktok.com/@seancallahan187/video/70942927842066...
       | 
       | It's a high level of education, knowing about shoring a trench
       | and making jokes about it.
       | 
       | Compared to pre-internet society or the can't cope with change
       | part of society who doesn't use TikTok or know how to shore a
       | trench.
       | 
       | And yes, I'll jump in a deep un-shored trench to save time for a
       | quick fix, but like all things it's a massively reduced risk
       | compared to working in it all day that some places still do. As
       | this article implies, men are expendable and it's mostly blue
       | collar men who bear that brunt at work. If it was nurses being
       | killed on the job it would be a different story. (The dangers of
       | nursing are around shift work which kills but not at work)
        
         | xnx wrote:
         | Vouching for this since TikTok was also the way I was exposed
         | to and educated about this safety risk (as well as many
         | others).
        
         | throwaway_2494 wrote:
         | > Compared to pre-internet society or the can't cope with
         | change part of society who doesn't use TikTok or know how to
         | shore a trench.
         | 
         | I know that it's cool to think that the 'olds' who aren't on
         | tiktok don't know anything.
         | 
         | Troo fact: OSHA rules were invented before tiktok even existed.
        
         | akira2501 wrote:
         | > Compared to pre-internet society or the can't cope with
         | change part of society who doesn't use TikTok or know how to
         | shore a trench.
         | 
         | "Word of mouth" has existed for as long as language has. TikTok
         | is just the newest medium to convey this absolutely ancient
         | human process.
         | 
         | > And yes, I'll jump in a deep un-shored trench to save time
         | for a quick fix
         | 
         | So.. you know how to use TikTok, you've seen the danger, yet
         | you remain intentionally oblivious to it? Your pride is
         | worthless. Your life is priceless. Please be smarter.
        
       | BadHumans wrote:
       | > Companies fined by OSHA, whose role is to ensure workplace
       | safety, sometimes ignored the penalties and faced no
       | consequences, including one that still owes more than $1.4
       | million imposed after the deaths of two employees eight years
       | ago.
       | 
       | > While those who violate OSHA standards can be criminally
       | charged, authorities rarely brought charges. When they did, most
       | offenders got off with a fine, probation or little time in jail.
       | 
       | OSHA regulations are written in blood and there should be steep
       | consequences for those who violate them including criminal
       | charges. Based on recent happenings[0], the Supreme Court is
       | looking to target OSHA next. They may have denied to hear this
       | case but the opinions speak for themselves. It is on the radar.
       | 
       | [0]: https://www.reuters.com/legal/us-supreme-court-rejects-
       | chall...
        
         | renewiltord wrote:
         | Punishment doesn't affect recidivism. We need to address the
         | root causes of these violations. Perhaps we could give the
         | businesses who violate the law zero interest loans so they
         | don't feel pressured to do work at bad margins like this and
         | cut corners.
         | 
         | We have to understand that business owners are people too.
         | Applying state violence against people who make mistakes is
         | fascism.
        
           | hirsin wrote:
           | /s? The violations in question almost all happened during
           | ZIRP. Capitalism is the culprit here, zero interest loans
           | just meant they had more juice to squeeze from their workers.
        
             | fny wrote:
             | Stalin and Mao enter the chat...
        
           | toomuchtodo wrote:
           | Business owners are not entitled to labor, especially if it
           | puts labor in harm's way. State "violence" exists to protect
           | citizens from business owners and the broader capitalistic
           | system.
        
           | andrepd wrote:
           | This has to be satire.
        
           | rqtwteye wrote:
           | You have no idea what fascism is. You also don't seem to
           | understand the mindset of capitalism.
        
           | LargeWu wrote:
           | "mistakes"
           | 
           | It is often very, very charitable, even disingenuous, to call
           | a lot of accidents the results of mistakes. "Willful
           | negligence" is often a more apt description. Intentionally
           | disgregarding safety in order to boost margins.
        
           | ClumsyPilot wrote:
           | > Perhaps we could give the businesses who violate the law
           | zero interest loans so they don't feel pressured to do work
           | at bad margins like this and cut corners.
           | 
           | Why do only businesses get kid glove treatment?
           | 
           | I also want zero interest loans for breaking the law.
           | 
           | Let's give people arrested for being homeless zero interest
           | loans to buy a house. Let's give people who are arrested for
           | stealing food zero interest loans to put their life back on
           | track?
        
           | istjohn wrote:
           | I read your comment to be a sarcastic critique of those who
           | are opposed to our carceral state. But it's clear there is a
           | huge disparity between the way we treat white-collar crime
           | and blue-collar crime as the article makes crystal clear.
           | Your critique falls flat.
        
         | 2OEH8eoCRo0 wrote:
         | If you are killed or injured on the job then isn't the employer
         | liable? Maybe I'm naive but why is OSHA necessary at that
         | point? Are they not liable enough (is the payout for wrongful
         | death too low)?
        
           | oivey wrote:
           | Before OSHA, that didn't work, so why do you think it will
           | work now?
        
             | 2OEH8eoCRo0 wrote:
             | I don't know if it will work now, I'm wondering out loud
             | why our court system isn't enough.
        
               | dboreham wrote:
               | Because latency.
        
           | cjalmeida wrote:
           | If a 787 crashes and kill all passengers due to improper
           | maintenance, the airline is liable. Does that make FAA
           | regulations on maintenance unnecessary? Would you put your
           | family in such aircraft?
        
           | Buttons840 wrote:
           | Doesn't this assume courts are honest and neutral brokers of
           | justice, and cannot be influenced by power imbalances, and
           | that everyone has quick and equal access to the courts for
           | redress?
           | 
           | Sometimes it takes a powerful organization to get redress
           | from another powerful organization.
        
             | 2OEH8eoCRo0 wrote:
             | I'd imagine that wrongful death pays out so much money that
             | lawyers will throw themselves at you.
        
               | hedora wrote:
               | If it is a sufficiently clear-cut case, they might.
               | However, no-win no-pay lawyers (the only ones accessible
               | to most construction workers' families) rarely act in
               | their clients' financial interest.
               | 
               | Typical tactics involve settling for whatever maximizes
               | the $/hour the lawyer earns (e.g., they might take a low-
               | ball settlement the first week instead of spending months
               | on discovery to get to trial), and having fine print in
               | the contract saying you have to pay for expenses
               | regardless of the case outcome (and then racking up all
               | sorts of expenses on your behalf, and perhaps settling
               | for a value so low your cut doesn't cover the bills).
        
           | andrepd wrote:
           | Poe's law
        
           | rqtwteye wrote:
           | You will have trouble proving that the employer did something
           | that caused the death. And they have usually deeper pockets
           | so they can drag out court proceedings for a very long time.
        
             | 2OEH8eoCRo0 wrote:
             | I didn't think they'd have to do something to cause it-
             | only allow it to happen under their watch.
        
           | SoftTalker wrote:
           | Without some standard of what is "safe" each case would be an
           | argument over the relative safety and risks in the particular
           | situation, the knowledge and expertise of the people
           | involved, etc.
           | 
           | With OSHA regulations there is much less wiggle room. "They
           | weren't using trench boxes, as required..." leaves much less
           | room for debate.
        
             | 2OEH8eoCRo0 wrote:
             | Does this shield from liability in some instances? Say they
             | were using trench boxes and were still killed- is the
             | company still liable?
        
               | SoftTalker wrote:
               | Well you'd have to ask a lawyer but I think that if they
               | were following regulations and otherwise using
               | "reasonable and customary" safety precautions then yes.
               | Or at least changes who is liable. E.g. if the trench box
               | was properly maintained, properly placed, and failed,
               | then you'd be looking at the trench box manufacturer, not
               | so much the contractor who was using it.
        
               | dboreham wrote:
               | You get to make that argument in court.
        
           | ClumsyPilot wrote:
           | Before fire safety laws, fire escape ladders were made out of
           | wood. If you lost a loved one in the fire, the company would
           | say this was standard industry practice, and normal.
           | 
           | You would get no compensation.
        
           | recursivecaveat wrote:
           | Small players can avoid a lot of the downside risk associated
           | with legal liability. They just go bankrupt or near enough
           | and refuse to pay until they die. There's an example in the
           | article. Much easier to extract a smaller fine from an
           | operating business than millions from someone whose only
           | asset is a social security card.
           | 
           | This is probably part of the reason bigger firms are often
           | more compliant, also that executives are more exposed to
           | personal liability as the number of workers grows, all else
           | equal.
        
         | quickthrowman wrote:
         | I agree wholeheartedly. I work in construction and my company
         | has a top-down safety culture which is the only way it really
         | works. Management (including myself) repeatedly tells field
         | workers that their safety is more important than making a bit
         | more money, we have safety training once a month, PPE is
         | readily available, our safety dept visits job sites and helps
         | prepare site safety plans, fall protection equipment is
         | enforced and so on. We also have a 'stop work' policy where
         | anyone, even a lowly apprentice, can stop the work in progress
         | if they don't feel safe.
         | 
         | Those of us who sell work are also told not to be afraid to
         | decline work isn't safe (working on live electrical equipment
         | that could be shut down to work safely, for example). We have a
         | 'no live work' policy, but will do live work in certain
         | circumstances where there is no other option (mostly
         | hospitals), and the head of safety and the COO are both
         | involved in pre-task planning and execution to ensure the
         | safest possible methods.
         | 
         | We also have some certified rope access techs, those guys take
         | their safety _very seriously_ , to the point where they're
         | probably safer working off a rope than on a ladder.
         | 
         | My workers tell me they feel safer working here when the
         | company explicitly says 'your life is more important than our
         | profit' and provides the PPE, tools, and know-how needed to
         | work safely.
         | 
         | FWIW, the bigger than construction firm, the more they care
         | about safety. Big contracts can require a TRIR (recordable
         | injury rate) below a certain amount. The big general
         | contractors push new PPE into use, the most recent thing is
         | hard hats with a chin strap to reduce TBI from ladder/lift
         | falls. The strap does a better job of keeping the hard hat
         | protecting the head by keeping it attached.
         | 
         | You see the real cowboy shit on residential job sites,
         | commercial contractors live and die by their reputation, and
         | unsafe job sites are a quick way to lose your reputation.
        
           | adolph wrote:
           | > Those of us who sell work are also told not to be afraid to
           | decline work that isn't safe
           | 
           | Truely an absent Andon cannot be pulled. Likewise the first
           | safety is psychological safety. [0]
           | 
           | 0. https://www.hbs.edu/faculty/Pages/item.aspx?num=54851
        
           | eitland wrote:
           | > Management (including myself) repeatedly tells field
           | workers that their safety is more important than making a bit
           | more money
           | 
           | You made me remember the spring of 2000, the first time when
           | I worked for a company that actually thought that way.
           | 
           | (edit: worked for some good companies before that as well,
           | but what I mean is before that, security was always either up
           | to the individual.)
           | 
           | I got scolded for working without proper gear, and after a
           | couple of issues (tiny rebar splinter in the eye, later a
           | speck of concrete in the eye, both happening despite wearing
           | mandatory eye protection) I suddenly realized I had my
           | manager hanging over me to try to figure out if there was
           | something that could be improved in the work flow.
           | 
           | I loved working there, they paid very well, and here is the
           | thing that looked crazy at the time but is obvious now: they
           | had one of the best bottom lines in the city.
        
           | DavidPeiffer wrote:
           | I used to work for Alcoa, a very large aluminum manufacturer.
           | Their policies were right in line with everything you
           | described, and it was a really good working environment.
           | Every single first aid event was investigated so we could
           | figure out how to do better in the future. The Swiss Cheese
           | model was used to explain why "I've done it 1,000 times this
           | way and never had an issue" isn't acceptable, and you must
           | work according to the prescribed method.
           | 
           | It all started with their new CEO in the 80's who didn't want
           | to talk about profits at Investor Day, and instead circled
           | back to safety and the employees who weren't able to go home
           | the same way they went to work.
           | 
           | https://davidburkus.com/2020/04/how-paul-oneill-fought-
           | for-s...
           | 
           | Even now safety gets mentioned in their earnings calls.
           | https://investors.alcoa.com/financials/quarterly-
           | earnings/de...
        
         | hedora wrote:
         | Do they even need to target OSHA specifically now that they
         | eliminated Chevron deference?
         | 
         | Presumably, as with all other federal agencies, all OSHA
         | regulations not specifically encoded into the law by congress
         | are moot, and can only be re-established via lengthy and
         | expensive litigation, where judges (instead of domain experts)
         | will set the technical standards.
        
       | AlbertCory wrote:
       | > OSHA requires some type of protective system, such as a box,
       | for any trench deeper than 5 feet.
       | 
       | The house next to me had a gas leak, and PG&E dug about six feet
       | down to fix it (judging by the workers standing in the bottom). I
       | didn't see any protective walls in there.
        
         | quickthrowman wrote:
         | Despite what the article says, a trench box is not strictly
         | required. You can slope the sides of a trench at a ratio of 1.5
         | ft per 1 ft of depth. Sloping the sides of a trench prevents
         | cave-ins, which is what makes a trench dangerous. It isn't
         | always possible to slope the sides of a trench, that's when the
         | trench boxes/shoring come into play.
         | 
         | In your case, the trench would be 30' wide with a gradual slope
         | down to 6' depth from either side.
         | 
         | Here's an OSHA guide to working safely in trenches and
         | excavations, page 12 of the pdf shows how to safely slope a
         | trench:
         | https://www.osha.gov/sites/default/files/publications/osha22...
        
           | AlbertCory wrote:
           | This wasn't sloped, either.
        
             | quickthrowman wrote:
             | That sounds extremely dangerous to me, call OSHA if you see
             | anything like that again. That's a death waiting to happen.
        
               | AlbertCory wrote:
               | I prefer having a _good_ relationship with my local
               | utilities, thanks very much.
        
               | zamadatix wrote:
               | When you call in you can do so as to remain anonymous.
               | Sometimes that can still be a problem, for obvious
               | situations, but like you say it wasn't even your house
               | you noticed it at. Of course the only obligation here is
               | a moral one but I mostly don't want people scared off
               | from calling just for being identified in situations they
               | don't have to worry.
        
               | AlbertCory wrote:
               | noted, but it was next door, so I think I'd be a prime
               | suspect.
        
           | dboreham wrote:
           | In my experience utility trenches are never sloped.
        
             | zymhan wrote:
             | Ok
        
       | Mistletoe wrote:
       | https://en.wikipedia.org/wiki/Trench_shield
       | 
       | You've seen these on the side of the road and now you know what
       | they are for.
        
       | ec109685 wrote:
       | > "It would take around 186 years for OSHA to inspect every
       | workplace in the country just once," Barab said. "That means that
       | unless a worker is killed, there's a major incident or a worker
       | files a complaint, an employer is unlikely to ever see an OSHA
       | inspector."
       | 
       | While it wouldn't be perfect, it seems like submitting video
       | evidence that the trench is properly secured would encourage more
       | safety.
        
         | Clent wrote:
         | Simple uses of technology can be used to avoid a lot of work
         | place troubles.
         | 
         | No video sent, no one gets paid. This would ensure everyone on
         | the job site complies with safety rules. Each worker would be
         | incentivized to send their own video proof reducing claims of
         | technology failure.
        
         | bagful wrote:
         | 186 years with the current level of funding and procedures, I
         | assume. And random, unannounced visits of even 1% of those
         | sites should make a significant difference.
        
       | pnathan wrote:
       | Some regulations are written in blood.
       | 
       | I wish that there was a much stronger enforcement culture in the
       | US around dangerous work.
        
       | anonymousDan wrote:
       | Having done a little bit of construction and associated safety
       | training as summer jobs, it always surprised me how shallow a
       | trench can be while still being lethal if it collapses. I
       | remember a metre being deadly, but this story mentions a foot!
        
       | snozolli wrote:
       | I immediately thought of this video:
       | 
       | https://m.youtube.com/watch?v=uLs1_8yohb8
       | 
       | The trench collapses _right after_ the OSHA inspector tells them
       | they can 't be in there without shoring. Nobody was hurt, but it
       | was a great lesson.
        
       | dclowd9901 wrote:
       | God fucking dammit, that first story. A _12 foot deep_ trench
       | with no shoring?!?! I hope anyone related to that decision is in
       | jail. Unbelievable.
        
         | hedora wrote:
         | This seems egregious to me too, since there were people in it.
         | I can imagine laying a pipe 12ft down without ever having
         | anyone in the trench. I wonder if that's common practice?
         | 
         | (The obvious issue with doing it that way is that someone will
         | a tool or the pipe will get snagged or whatever, and then
         | someone will go down to fix it without bothering to order +
         | install the shoring.)
        
       | onewheeltom wrote:
       | Not installing a trench box is on the company. Full stop.
        
         | ProllyInfamous wrote:
         | I have been a witness in an OSHA investigation, and it is
         | absolutely dispicable what companies will do/say in order to
         | _pass the blame onto an innocent employee_ (e.g.  "he was
         | always such a go-getter, and that day he voluntarily placed
         | himself into harm's way").
         | 
         | Elsewhere in this discussion/thread, some speculate that
         | "masculinity" is the main culprit (i.e. not company's fault);
         | certainly ego factors in, but few employees ignore safety rules
         | when companies properly penalize non-compliance.
         | 
         | "Safety third" still allows for working environments which
         | don't kill/fire employees over time-saving stupidity.
        
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