Employers Cited for Over $200,000 in Penalties Following Tragic Marysville Trench Collapse Death

In a powerful statement on worker safety, Cal/OSHA has announced citations and proposed penalties exceeding a staggering $200,000 against three employers in connection with the tragic death of 21-year-old Osmar Rodarte. Rodarte lost his life on January 10th in a devastating trench collapse at a construction site in Marysville, Yuba County, an incident that has sent shockwaves through the community and ignited urgent calls for stricter adherence to safety protocols.

The fatal incident unfolded at a site designated for a new gas station and convenience store located at 10th and B streets.

Investigations revealed that Rodarte, an employee of E.P. Gutierrez Excavating Inc., was working in a dangerously unprotected trench that plummeted more than 16 feet deep when the ground gave way, trapping and ultimately claiming his life.

Cal/OSHA’s meticulous inquiry unearthed a litany of serious safety failures, directly attributing to the preventable nature of Rodarte’s death.

Among the most egregious violations cited were the absolute failure to ensure the trench was properly shored, sloped, or otherwise adequately protected from collapse—a fundamental safety requirement in any excavation work. Furthermore, there was a shocking absence of a competent person to inspect the trench both before and during work operations, leaving workers vulnerable to unseen hazards.

Adding to the list of serious oversights were the lack of a safe means of entry and exit from the hazardous trench, and a failure to ensure employees wore mandatory head protection.

The financial penalties reflect the gravity of these violations. E.P. Gutierrez Excavating Inc. bears the brunt of the citations, facing a hefty $193,765 in proposed penalties for numerous serious and willful violations.

These findings suggest a profound disregard for established safety standards and the well-being of their workforce.

However, accountability extends beyond the immediate employer. General contractor D.A.G. Construction Inc. has also been cited, facing $14,885 in penalties for serious violations, including their failure to ensure that a competent person was on-site to inspect the excavation, a critical role in preventing such catastrophes.

Even the engineering firm, T.I.E. of Sacramento, was not spared, receiving a $1,875 penalty for a serious violation pertaining to the provision of a safe means of entry and exit.

All three companies have reportedly appealed these citations, indicating a potential legal battle ahead. Despite the appeals, Cal/OSHA remains resolute in its stance, reiterating the undeniable fact that trenching deaths are almost always preventable.

The agency emphasized that robust safety regulations are not mere suggestions but life-saving mandates that must be rigorously followed to protect workers from foreseeable dangers.

This tragic event marks the first trenching death in California for 2024, a sobering statistic that underscores the ongoing risks in construction.

Looking back at 2023, the U.S. recorded nine trenching fatalities, with one occurring in California. These statistics serve as a stark reminder of the inherent dangers of excavation work and the critical importance of employers prioritizing worker safety above all else. The loss of Osmar Rodarte is a painful reminder that safety standards are written in the blood of those who have died, and their enforcement is paramount to preventing future tragedies.