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OSHA slaps company with fines

Workers faced cave-in hazards

A Jackson Township business faces more than $60,000 in fines from the U.S. Department of Labor for allegedly exposing employees to cave-in hazards at a job site in Cranberry Township.

Metarko Landscaping & Excavating, 508 Route 19, was fined $61,685 by the Occupational Safety and Health Administration for alleged “willful” and “serious” violations of labor laws at a job site near the intersection of Starview Lane and Rowan Road.

According to a citation and notification of penalty, two employees were working in an 11-foot-deep excavation without necessary protection from a sidewall cave-in during a Dec. 13 inspection.

Neither employee was injured.

OSHA classified that violation as a “willful” violation. According to the administration's website, such a violation is when “the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.” That violation netted a fine of $53,975.

Andrew Metarko, who owns the excavating company, said he had no comment on the fine, but that he was taking all necessary steps to abate any violations.

In addition to the willful violation, the company was charged with two serious violations, which OSHA defines as one in which “the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm.”

It must be reasonable for the employer to be aware of the violation to charge it with one, the administration said.

According to the citation, there was no “ladder, ramp or other safe way” the employees could have used to exit the 11-foot deep entrenchment.

The DOL fined Metarko $4,626 for that violation. OSHA also alleges the employer didn't train employees on how to safely use ladders.

The second serious violation OSHA alleges is that an employee in the entrenchment was working in 4 to 6 inches of standing water. Like the first, the contractor was fined $4,626. The administration added the foreman didn't remove the employees from the excavation after finding “evidence of a situation that could result in a possible cave-in.”

According to OSHA, the contractor was completing work on a water and sewer line or related structure. The company's employees are not unionized. The inspection leading to the citation was a planned inspection.

This is the first time the Department of Labor has cited Metarko for a violation of labor law.

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