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Trench Worker Buried Leads to Contractor Litigation
In 2019, a construction worker was buried under several tons of soil when a trench collapsed at a residential job site in Iowa. The trench was estimated to be 10 to 11 feet deep and lacked the protective systems required by OSHA, such as a trench box or appropriate shoring. The absence of this essential safety equipment resulted in significant physical injuries and lasting psychological trauma, including post-traumatic stress, anxiety, and depression.

After several years of legal proceedings, a Polk County jury awarded the worker more than $19 million in damages—over $3 million in compensatory damages and approximately $16.18 million in punitive damages. Due to Iowa’s punitive damage laws, 75% of the punitive award was directed to the state’s Civil Reparations Trust Fund, leaving the worker with about $4 million from that portion. The size of the verdict illustrates how seriously juries and regulators view safety failures in the construction industry.

The Regulatory Standard

OSHA’s 29 CFR 1926 Subpart P – Excavations requires:

  • Protective systems for trenches deeper than 5 feet (e.g., trench boxes, shoring, or sloping),
  • Daily inspections by a qualified “competent person,” and
  • Safe means of access and egress.

Violations of these requirements not only endanger lives but also expose employers to severe financial and legal consequences.

How OVD Insurance Can Support Your Team
The Iowa trench collapse demonstrates the life and death importance of safety compliance in excavation and utility work. OVD Insurance is committed to helping construction firms prevent such incidents through proactive safety support:

  • Custom Safety Program Development
    Tailored policies and procedures aligned with OSHA and specific state OSHA plan trenching and excavation standards.
  • On-Site Risk Assessments
    Expert analysis of job sites to identify hazards and ensure implementation of protective systems.
  • Competent Person and Crew Training
    Training services that empower supervisors and workers to recognize and control excavation hazards.
  • Claims Advocacy and Regulatory Support
    Strategic guidance during OSHA investigations and in the event of litigation, helping companies respond effectively and minimize impact.

Conclusion
Trench collapses are sudden, deadly, and preventable. This incident in Iowa is not just a legal case—it’s a leadership challenge for the entire construction industry. Companies must go beyond compliance checklists and build a culture where safety is part of every decision.

With OVD Insurance as your advisor, you gain the tools and resources that can align with your future safety initiatives and goals.


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