Construction company faces nearly $450,000 in fines in fatal trench collapse in Breckenridge

A construction contractor in Vail faces fines and federal scrutiny after a trench collapse killed a worker and the company “willfully” exposed workers to trench hazards.

A4S Construction faces proposed penalties of $449,583 and the Vail company has been placed in the Occupational Safety and Health Administration’s (OSHA) Severe Violator Enforcement Program, according to a news release Tuesday.

On Nov. 16, one worker suffered fatal injuries and two co-workers barely escaped when they were rescued from a trench that collapsed as they installed sewer pipes in a Breckenridge neighborhood, an OSHA news release said.

OSHA investigators found that other trenches on the project had caved in on previous occasions, and that A4S Construction, the employer, allegedly “refused to install trench protection systems, exposing workers to serious hazards.”

The federal agency issued three citations to A4S LLC for not ensuring the excavation was inspected by a competent person, failing to perform an inspection of the excavation, and not having a trench protective system in place.

“A4S Construction’s failure to comply with excavation requirements cost a worker his life,” said OSHA Area Director Amanda Kupper, in the release. “Our investigation found that this employer willfully sent workers into unprotected trenches at a site with a history of cave-ins, and continued to expose workers to the same conditions even after the fatality.”

A4S Construction was also issued a citation for not having a safe means of egress within 25-lateral feet of employees working in a trench.

The company, which could not be reached for comment on Tuesday, has 15 business days from receipt of its citations 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.

In 2019, OSHA reported that at least 24 workers died while working on trenching and excavation projects nationwide. From 2011 through 2018, 166 workers died in trench collapses, according to the Bureau of Labor Statistics.

Trench collapses are preventable if required safety measures are taken, according to the OSHA release. “Trenching standards require protective systems on trenches deeper than five feet, and soil and other materials kept at least two feet from the edge of a trench” among other safety measures, including trenches should be free of standing water.