Felony Charges Against Seattle Contractor Highlight Trenching Safety Gaps Nation-Wide

The recent death of a Seattle man in a work-place incident raised awareness about nation-wide gaps when it comes to trenching safety and compliance.

Harold Felton, 36, died on January 26, 2016 when he was buried in a trench-collapse incident while working on a sewer line at a West Seattle house. Felton’s employer, Alki Sewer, was fined for willful safety violations shortly after the fatality.

Now, two years later, the tragic incident is making headlines again as King County prosecutors announced they will be pursuing felony charges against the owner of Alki Sewer. This is the first instance of felony charges being brought against a Washington State employer for a worker fatality.

In a recent news release Joel Sacks, Director of the Washington State Department of Labor and Industries, stated “There are times when a monetary penalty isn’t enough. This company knew what the safety risks and requirements were, and ignored them.”

Sadly, this incident was only 1 of over 20 fatal trenching incidents reported in the United States in 2016. Trenching deaths more than doubled from the previous year, leaving workers, regulators, and some employers concerned.

Table publish by OSHA, November 2016.

OSHA’s safety standards require cave-in protection in a trench more than 5-feet deep, but investigations into the 2016 fatalities found that some employers were not providing any protection to employees. With one cubic yard of soil weighing up to 3,000 lbs. – the weight of a small automobile – these violations pose a serious, life threatening risk to workers.

If your work involves trenching, and you are unsure if you or your employer are properly following OSHA standards, visit OSHA’s website to review the basics.

A competent person must inspect trenches daily due to changes in weather and other conditions. If you need training on trenching safety and OSHA required standards, please visit osha.washington.edu to see when OSHA 3015: Excavation, Trenching, and Soil Mechanics will be offered near you.