Worker's Death in Trench Collapse Leads to Fines by State

The company that employed a worker who died last May while digging a trench for a sewer line at a house in Southwest Portland has been fined $142,800 by the Oregon Occupational Safety and Health Division.

The state announced Tuesday that TC Excavating of Estacada was guilty of five violations - two of which were deemed "willful.'

Oregon OSHA determined that two employees were working in an improperly shored trench. One of those employees was Michael Casey Holland who was on his hands and knees and buried when the trench collapsed.

"There is absolutely no good reason for an employer to disregard clear and time-tested excavation rules that protect workers from such tragedies," said Oregon OSHA Administrator Michael Wood.

"This is a time to pause and remember that a young man died, leaving behind family and friends and co-workers. And it is a time to remind ourselves that this was not some sort of 'freak accident.' It was predictable and it was preventable."

Oregon OSHA cited the company for two willful violations, each with the legal maximum penalty of $70,000. A willful violation occurs when an employer intentionally or knowingly allows a violation to occur.

One of the willful violations was based on the company’s failure to provide employees with an adequate system to protect them from cave-ins.

The other willful violation stemmed from the company’s failure to provide employees with a ladder or other safe means to leave the trench.

Photo Portland Fire & Rescue