Dangers of Trench Collapses on New York and New Jersey Construction Sites

How Our Construction Accident Lawyers Can Help After a Trench Collapse Accident

Construction work comes with significant risks, particularly for those working in trenches. At Hofmann & Schweitzer, our experienced New York and New Jersey construction accident lawyers recognize the serious consequences a trench collapse can have on workers and their families. If you or a loved one has been involved in a trench collapse, we’re here to help you pursue fair compensation.

The Dangers of Trench Collapses

The danger of a trench collapse goes beyond the initial impact. It’s also about what happens next. When a trench collapses, workers can be buried under thousands of pounds of soil, leading to crushed limbs, restricted breathing, and severe internal injuries. Even if a worker survives the collapse, there’s a race against time to prevent suffocation as rescuers rush to help. The instability of a collapsed trench also puts rescuers at risk, making these accidents some of the most dangerous on New York and New Jersey construction sites.

Why Do Trench Collapses Happen?

Several factors often contribute to these dangerous incidents, including:

• Unstable soil. Soil that isn’t stable is one of the leading causes of trench collapses. Different soil types have varying stability levels, and factors like moisture can have a significant impact.

• Vibrations. Vibrations from nearby equipment or traffic can weaken trench walls. Even something as simple as a passing truck can cause a collapse if the trench isn’t secured.

• Weather conditions. Weather often plays a role in trench safety. For instance, heavy rain can saturate the soil, making it heavier and more likely to collapse.

• Improper excavation techniques. Techniques like digging too deep without proper protection or placing excavated soil too close to the trench can also lead to collapses.

New York Code Requirements for Trench Safety

Trench safety is a top priority in New York. Accordingly, the state has strict regulations to protect workers. The regulations address the common causes of trench collapses. 

According to 12 NYCRR Section 23-4.2:

1. If someone is working in or near a trench or excavation that's at least five feet deep and has steeper sides than allowed, the trench must be reinforced with sheeting and shoring that touches the sides. A qualified person must inspect this reinforcement at least once a day and more often if it rains if there's extra water if there are heavy ground vibrations, or if extra weight is added nearby. 

2. For trenches between three and five feet deep in certain types of soil, side protection is needed unless a qualified person certifies in writing that the sides are stable. This certification must be available for inspection by authorities.

3. If the sides of a trench or excavation can be sloped safely without causing damage to nearby buildings, roads, or utilities, sloping that meets certain specifications can be used instead of sheeting and shoring. Sloping can also be used with sheeting and shoring if there is a flat area at least 24 inches wide between the sloped and braced parts. The sheeting on the braced part should extend at least 12 inches above this flat area.

4. Any sloped excavation that goes below the groundwater level, especially near rivers, reservoirs, or other water sources, must be directly supervised by an experienced person appointed by the employer.

5. If any side of an excavation is undercut, creating a reverse slope that puts a vertical load on the sheeting and shoring, then a licensed professional engineer in New York must design and specify how to install the sheeting and shoring. It must be designed to handle both the load from the overhanging material and the surrounding ground.

6. When digging a hole or trench, any dirt or other materials that are removed must be kept at least 24 inches away from the edge of the excavation. This prevents anything from accidentally sliding, falling, or rolling back into the hole. However, if the employer uses a barrier or a similar device specifically designed to stop materials from falling into the hole, the 24-inch distance can be reduced.

7. All sides or banks, slopes, and areas in and next to any excavation shall be cleared of loose rock or any other material which may slide, fall, roll, or be pushed upon any person.

8. If there's an open excavation near a sidewalk, street, highway, or any area where people are allowed to go, it must be adequately guarded to prevent accidents. This can be done by putting up a sturdy fence or barricade, extending sheeting, or covering the excavation site with a strong cover.

9. If there's an open excavation with steep sides that is three feet or deeper and no one is working in it, it must be appropriately guarded on all open sides, no matter where it is located. 

10. Temporary sheet piling, used to support the sides of an excavation during the construction of a retaining or structural wall, must stay in place until the wall is strong enough to handle any load or pressure placed on it.

11. People are not allowed to work in areas where they could be hit or put in danger by excavation equipment or by any materials that could be knocked loose or fall from the equipment.

12. The sides of an excavation in stable rock can be vertical and don't need additional support like sheeting or shoring. However, the sides must be cleared of loose rock or material that could become dislodged or fall into the excavation.

Protective Systems for Trench Work

Protective systems are essential to ensure a safe work site. These systems keep the soil in place and keep you safe if a trench collapses. OSHA identifies three basic types of protective systems:

• Shoring. This involves putting up supports to hold the soil back.

• Trench boxes or trench shields. These are pre-made structures placed inside the trench. They don't stop collapses but create a safe area for you if the trench does collapse.

• Sloping and benching. This technique cuts the trench walls at an angle, making them less likely to collapse.

In the event of a trench collapse, knowing proper rescue procedures can save lives in the critical moments following the incident. Procedures involve:

• Calling emergency services immediately. Never attempt a rescue without proper equipment and training.

• Ensuring safety. Shut off all nearby equipment to prevent further vibrations or cave-ins. 

• Helping the victim. If you can, start clearing soil away from the victim’s head to create an air pocket, but don’t enter the trench unless you are part of a properly equipped rescue team. Professional rescuers have specialized tools to remove soil quickly and safely while stabilizing the area before getting the victim out.

Liable Parties for Trench Collapse Accidents

When a trench collapse occurs, questions of legal liability arise. In New York and New Jersey, various parties may be held responsible:

• Employers. Your employer has a duty to provide a safe working environment, including following OSHA regulations and applicable labor laws.

• Property owners. The property owner may be liable if they are aware of unsafe conditions on their site.

• General contractors and subcontractors. These parties can be liable if their actions or negligence contributed to the collapse.

• Equipment manufacturers. If faulty equipment contributed to the accident, the manufacturer of the trench equipment could be held accountable.

At Hofmann & Schweitzer, we can identify the responsible parties for the trench collapse and help you understand your rights. Additionally, we can help you file a third-party claim to recover damages from the negligent party, if appropriate. 

Review our testimonials and case results on our website to see the outcomes we have achieved for our clients in similar situations. While every case is different and no outcome can be guaranteed, we're proud of what we've achieved, like securing $1 million for a construction worker who suffered torn ligaments in their knee in a trench accident.