The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Midwest Petroleum and Excavating Inc. in Benton for alleged willful and serious violations of federal workplace safety standards.
In March, OSHA opened an inspection at an excavation job site in Millstadt following notification of the deaths of two employees when a trench in which they were working caved in on them. OSHA issued one willful citation to the company for failing to provide a protective system in the open trench to protect employees from cave-in hazards.
OSHA also issued the company two serious citations for failing to instruct and train its employees in the safety regulations and requirements involving excavations and for failing to ensure that the trench was inspected daily by a competent person.
Tom “Tom Cat” Eickelman, 48, of Benton and Ron Yankey, 38, of Ellis Grove died March 10 when the clay-and-dirt trench in which they were working gave way.
Eickelman was a heavy equipment operator for 20 years and had worked for Midwest Petroleum and Excavating Inc. in Benton for the past 12 years.
Yankey also worked for Midwest. The company was sub-contracting for Followell Construction of Marion. Millstadt contracted with Followell to build a new $7.4 million sewer plant last May.
“It has long been known that cave-in fatalities are entirely preventable,” said Nick Walters, area director of OSHA’s district office in Fairview Heights. “Any employer who is involved in trenching and excavation can avoid such terrible tragedies by following OSHA’s clear regulations.”
The citations carry a proposed $11,200 in fines.
The company has 15 business days from receipt of its citations to comply, request an informal conference with OSHA’s area director or contest the citations before the Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA’s role is to promote the safety and health of America’s working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.org.
— Diana Winson contributed to this story.
