OSHA proposes over $165,000 in penalties to Frisco contractor in trench death of worker
A federal investigation has determined that a Frisco utility contractor allowed two workers to enter a trench with no protection this summer in McKinney when it collapsed, killing one worker.
The second worker escaped the trench, which had been built to repair a main sewer line.
U.S. Department of Labor Occupational Safety and Health Administration investigators believe Bandera Utility Contractors Inc. in Frisco willfully violated federal law when it failed to have a trench protective system in place.
The employer also used a damaged ladder that did not extend three feet above ground level as per OSHA standards. In addition, Bandera Utility failed to inspect the trench at the start of each shift before allowing employees to work in the excavation.
OSHA has proposed penalties of $165,952 in the case.
OSHA officials said Bandera Utility Contractors has 15 business days from receipt of the citation and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
“Bandera Utility Contractor Inc. ignored federal safety requirements and sent these workers into an unprotected trench. Now, a worker’s family, friends and co-workers are left to grieve this tragic, and avoidable, loss,” said OSHA Area Director Basil Singh of Dallas in a Thursday news release. “Incidents like this are inexcusable and can be avoided by following well-established processes that comply with OSHA standards.”
A Bandera official said Thursday that the company would be meeting with OSHA officials in the next few weeks, but he declined to make any other comments.
The accident occurred just after 9:30 a.m. on June 24 at a residential construction site near FM 543 and CR 202, in an unincorporated area of north McKinney.
The worker, 41-year-old Paulin Sanchez, died during the cave-in of the sewer line trench, according to the McKinney Courier-Gazette.
OSHA officials said that by most estimates, one cubic yard of soil can weigh as much as 3,000 pounds — about the weight of a subcompact car — and trench collapses happen in seconds, which helps explain why they are among the construction industry’s most lethal dangers.
Through the end of November, OSHA reported 35 workers died in trenching and excavation work, more than double the number in all of 2021. The Bureau of Labor Statistics also reports trench collapses claimed the lives of 166 workers between 2011 and 2018.
Federal trenching safety standards require protective systems for trenches deeper than five feet, and that soil and other materials be kept at least two feet from the trench’s edge. Trenches must also be inspected by a knowledgeable person, be free of standing water and atmospheric hazards, and have a safe means of entry and exit before a worker may enter.
Based in Frisco, Bandera Utility Contractors Inc. employs 130 workers who provide underground utility services focused on managing projects for developers and municipalities across Texas, according to OSHA officials. The company’s primary services include storm sewer, water, sanitary sewer and duct banks for residential and commercial projects in Texas.
To report an unsafe trench, call 1-800-321-6742.
