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Colorado Construction Company Faces $450,000 Fine From U.S. Department Of Labor After Worker's Death

(CBS4) -- The Occupational Safety and Health Administration (OSHA) has labeled A4S Construction a "severe violator" of worker safety measures following the 2021 collapse of a sewer trench that killed one employee and temporarily trapped two others.

OSHA, a division of the U.S. Department of Labor, announced Tuesday it has placed the Vail-based firm in its Severe Violator Enforcement Program and has proposed penalties totaling $449,583 against the company.

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The company has 15 days to respond to the announcement, either by immediately complying with the enforcement and fines, contesting OSHA's findings, or meeting directly with an OSHA

area director, the agency stated in a press release.

A4S workers were installing sewer line for a new development in Breckenridge on Nov. 16, 2021, when the fatal incident happened.

The Summit Daily identified the deceased man as 20-year-old Marlon Diaz.

OSHA stated in its press release that another man was able to get himself out of the trench after the collapse while bystanders rescue a third man.

Reinforced steel walls that are used to protect workers from such collapses were not in place at the time of the incident, per OSHA, despite other trenches on the project having caved in on previous occasions.

A4S allegedly did not use any such protection system after the fatal collapse, either.

"A4S Construction's failure to comply with excavation requirements cost a worker his life," said OSHA Area Director Amanda Kupper in Denver. "Our investigation found that this employer willfully sent workers into unprotected trenches at a site with a history of cave-ins, and continued to expose workers to the same conditions even after the fatality."

A4S Construction first registered as a business with the Colorado Secretary of State's office in 2007. Peter Lynn Dillon of Avon is listed as its executive. The company is shown to be in "good standing" status with the state office.

A message requesting comment was left Sunday on the company's phone. This story will be update with any reply.



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