A trench collapsed at a construction site, causing the death of one employee and serious injury to another. The trench was 10-12 feet deep, 3-4 feet wide at the bottom, 13 feet wide at the top, and 40 feet long at the top. There was only one means of entering and exiting the trench and ground water seeped into it continuously. Pumps were used to remove the ground water. The two employees were responsible for keeping the pumps clean, a task that they performed inside the trench. On the day before the accident, the hydraulic jack shoring system that had been in place to support the trench wall was removed. At the time of the collapse, the two employees had been in the unsupported trench for about 15 minutes cleaning the pumps. As the two employees were leaving the trench, the north wall collapsed, burying one of the employees completely. OSHA investigated and issued several citations to the employer. The employer appealed the citations to the OSHRC which upheld the citations.

1. What was the legal issue in this case? What did the court decide?

2. What exactly did the employer do or fail to do that violated the OSH Act?

3. Why was it “unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm’s way”? What role, if any, should employees’ actions have in determining liability under the OSH Act?

4. Ultimately, these violations that caused, or at least contributed to, the death of an employee and serious injuries to another, resulted in a $22,000 fine for the employer. Is that a just outcome? Are the penalties for violations of OSHA standards sufficient?