L&I cited and fined general contractor, Better Builders of Spokane LLC, and its subcontractor, VS Concrete LLC, Dec. 3 for numerous willful and serious cave-in related hazards. The contractor also refused to post a stop work order and removed it after it was posted by the inspector.

The local building department contacted the Washington State Department of Labor & Industries (L&I) after multiple VS Concrete employees were seen working next to an approximately 22-foot high, nearly vertical dirt wall without adequate cave-in protection. They were working in a gap between the dirt wall and the concrete foundation with no way to escape if the dirt had collapsed.

Both the county and L&I ordered work to stop at the site until the hazards were eliminated.

“The photos tell the story of just how dangerous this worksite was,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. “The stop work orders by the county and L&I remain in place today to prevent these two companies from putting workers’ lives at risk any further.”

Better Builders refused to post L&I’s order, so the inspector posted it himself. Better Builders removed that order. When L&I reposted it, the property owner took it down again. Less than two weeks after the initial inspection, VS Concrete workers were photographed working between 10-foot-high concrete forms and the massive dirt wall in violation of the state order.

Both companies bear responsibility
L&I fined Better Builders $121,840 for four willful serious and four serious violations including not having an adequate engineer’s design for excavations over 20 feet, not ensuring its subcontractor’s workers were protected from hazards, and for violating the order of immediate restraint.

VS Concrete was fined $183,040 for seven willful serious and eight serious violations including workers walking or crawling along the top of ten-foot-high concrete foundation forms without fall protection and for exposing workers to unguarded vertical steel rebar sticking up from concrete footings. The rebar has potential to impale workers. The company was also fined for violating the order of immediate restraint.

L&I classifies a violation as serious if it leads or could lead directly to the serious injury or hospitalization of a worker. Violations are willful if the employer knew or should have known the rules but ignored them anyway. Both companies have filed an appeal.

Verify contractors
L&I urges anyone hiring a construction company to look it up using its Verify a Contractor tool. You will see if the company is licensed, bonded and insured and if the company has a history of violating safety rules.