CLEVELAND — Cindy Hess of Mason, Ohio continues with her life in strength while dealing with the loss of her son, 25-year-old Zachary Hess, after he was killed in a construction trench collapse in December of 2017.
More than 100 first responders worked for several hours in trying to save her son after the collapse took place during a job at a Morrow, Ohio subdivision. The sub-contractor was found at fault for not having the proper safety equipment at the scene.
However, Hess believes much more safety awareness, education, tougher laws and accountability are needed, especially after the Occupational Health and Safety Administration reported an alarming rise in trench fatalities in 2022, which claimed the lives of 39 workers.
“If there’s a case of a death, there should be a 'black box' warning that there’s a big potential hazard, there’s a high risk, I don’t think this communication is being pushed," said Hess. “The developers have legal clauses and loop holes that indemnifies them from liability and risk. And the subcontractors if they want the job they have to purchase insurance, which is how Ohio allows this to still keep happening.
Hess told News 5 engineering reports made it clear her son's job site was a potential hazard when soil samples were taken 14 years earlier. Hess believes more oversight and accountability is needed, especially when a trench is more than 20-feet deep.
“When I looked at 2022 deaths there were several that were over 20 feet, so that should have never happened, because an engineer should have designed the excavation itself," said Hess. “There’s a social responsibility of all these people on the periphery that know, especially if it’s more tan 20 feet, they know and they have not passed that information along.”
Safety Training expert Dana "Buck" Buchholzer agrees better enforcement and communication among construction companies on a job site is needed, even though Buchholzer said OSHA has stepped up its inspections across the country.
"But there’s just not enough compliance officers plain and simple, whether they’re there on the federal side, federal OSHA or the state side, Bureau of Workers Comp," said Buchholzer. "There’s just not enough people in the field to catch all these people who are not using the right equipment, not using any equipment at all typically.”
Buchholzer said too many construction firms are still cutting corners on safety, and continued classroom safety training is crucial.
“Because of the heightened inspections, you’ll have a lot people take the equipment to the job and they won’t use it," said Buchholzer. "They think they’re protected that if OSHA shows up they have the equipment to point to. I can’t tell you how many fatalities there have been where the trench box was there and they’re working outside the trench box."
OSHA announced an alarming rise in trench-related fatalities in July, 2022, which spurred the US Department of Labor to announce enhanced nationwide enforcement and additional oversight.
OSHA also urged construction companies and workers to utilize itstraining videos and resources in an effort to improve safety.
Meanwhile Hess urged workers not to place themselves in danger by accepting unsafe job sites.
“I mean I don’t care if you’ve been in 100 holes, there’s no way you can judge it, especially the deeper you go, you are inviting it, it’s just going to happen, said Hess. “Ultimately workers have to feel empowered and they have to feel confident that they can walkout and that their boss would support them.”
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