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Citations, fines after fatal trench collapse in Windsor

OSHA: Backhoe Excavating, Inc. was aware that water was accumulating in the trench and employees continued to work in it with no protective system.

WINDSOR, Colorado — Five citations and a $31,446 fine have been issued against Backhoe Excavating, Inc. after a trench collapsed and killed two fathers in Windsor in April.

RELATED: 2 men killed in trench collapse in Windsor identified

According to the citation reports from the Occupational Safety and Health Administration (OSHA), Backhoe Excavating, Inc. was aware that water was accumulating in the trench and employees continued to work in it with no protective system in place. 

RELATED: Construction company owner charged in employee's death

On April 16, 2019, OSHA said two employees were installing a sewer line in a trench approximately 31 feet long, 5 feet wide, and 14 feet deep, with near-vertical walls and no trench-box, shoring or adequate sloping or benching. 

"The trench collapsed, resulting in the fatal injuries of two employees," reads the report. 

In addition, OSHA said a ladder used on site had a bent rung and was missing a foot. A second ladder mounted on a truck was missing two feet. This, OSHA wrote, exposed employees to fall hazards. 

Citations and fees:

  • Did not ensure that each employee in an excavation was protected from cave-ins by an adequate protective system.
    • Fine: $13,260
  • Did not remove employees from a trench where water had accumulated. 
    • Fine: $5,304
  • Did not remove employees from the excavation, and did not take prompt corrective measures to mitigate or eliminate those hazards.
    • Fine: $5,304
  • Did not ensure that ladders were inspected by a competent person for visible defects on a periodic basis.
    • Fine: $3,789
  • Did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical.
    • Fine: $3,789

The two men who died were 26-year-old Cristopher Lee Ramirez, of Boulder, and 41-year-old Jorge Baez Valadez, of Denver.

When rescuers arrived on scene, other workers at the site were attempting to dig the men out. Family of Christopher Lee Ramirez got a chance to talk to him before he passed. 

RELATED: 'He was my Corazón de melón': Pregnant wife remembers Cristopher Ramirez, who died in Windsor trench collapse

Backhoe Excavating, Inc. has 15 working days to challenge or pay the citations and fines. 

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