Matula & Matula Construction Inc. of Lake Jackson, Texas, has been cited by the United States Department of Labor's Occupational Safety and Health Administration (OSHA) after an employee died while working inside a sanitary sewer manhole at a construction site earlier this year.

OSHA's proposed penalties for the citations total $136,000.

OSHA initiated an investigation on February 8, after a Matula & Matula employee was killed while pumping grout into a sewer line on the Highway 332 Utility Relocation Project in Lake Jackson. The worker was overcome by inhalation of hydrogen sulfide. Following the investigation, OSHA cited Matula & Matula with two willful violations, three serious violations and two repeat violations.

The construction company's willful violations resulted from its alleged failure to implement confined space entry procedures. These procedures are to include testing, ventilation, rescue, and training and educating employees on the hazards of working in confined spaces. 

The serious violations stem from the company's failure to inspect, properly maintain and repair damaged ladders, as well as its failure to train its employees about the dangers associated with handling hazardous chemicals in the workplace.

Finally, the company was cited with repeat violations for failing to properly construct a ladder to enable access to the sanitary sewer manhole and failing to make a reasonable estimate of its employees' exposure to hazardous chemicals, including hydrogen sulfide.

Matula & Matula must take action within 15 business days from receipt of the citations. The company has the option to comply, request an informal meeting in Houston with OSHA's area director or contest the citations and their penalties before the Occupational Safety and Health Review Commission.

Source:  Claims Journal "OSHA Fines Texas Construction Company $136K After Worker Dies" 8/6/10