OSHA Trenching Citation Defeat Based on Mere Inches Measurement

A federal judge vacated an OSHA citation against an Illinois sewer system contractor based on a question of only inches.

Administrative Law Judge Patrick Augustine in a final order released Monday said the Occupational Safety and Health Administration failed to prove the section of a trench where an employee was working was deeper than 5 feet—the trigger depth for retaining walls to be required by the agency.

No one was injured and the trench walls stayed intact during the April 30, 2021 inspection.

An OSHA inspector testified he measured a portion of the trench that was 5 feet 6 inches ...