What would you do?

If you see something that is clearly wrong, act! Now.

At best, notify the superintendent of potential problems. Do NOT notify the workers. Do NOT offer any form of remediation activities or directions to the contractor. If you do so, you will assume liability in the event of injuries or harm to property in this litigious society.

Yes, it is hard to bite your tongue while observing such poor practices, but none of us need the liability that will result if a catastrophic event were to happen.

Note that this situation does not occur at the Corps of Engineers. They are very safety conscious and potential safety violations are the only situation where Corps employees can stop work on a project.

This was the superintendent. And he was about to send a 20 year old laborer into the hole. Walk away?

NEVER!!

If you are going to assume safety responsibilities on a site, you better make sure you have your ducks in a row. Any advice you give would make you liable in the event of an accident. I would just tell them it was unsafe and they needed to fix it.

The next best effort would be to advise the superintendent that your next telephone call will be to OSHA or other regulatory agencies having jurisdiction, regardless of his response!

Think about it this way. If you DON'T say something and the laborer is hurt or killed by a cave in, how would you feel? Whether you are LEGALLY responsible or not. I'm on construction sites daily and as part of my job I have to remind these fellows of BASIC safety rules. The VAST majority appreciate it, because they know it's for their own good. But there are always those that resent anyone telling them they are doing something wrong, or are not doing something right. Resent it or not I have to let them know.

Andy

Never walk past an unsafe act or condition. Stop them. Don't try to direct them to fix it unless you are the designated competent person for that operation. Start making phone calls starting with the superintendent, going up the chain until you get to someone that is listening to what you are saying.

Exactly! The intent is to notify the proper chain of control, and not to provide direction to workers or other construction personnel.

To everyone who said don't provide directions - I think that's good advice. I've never run an excavator in my life; there was a high potential I could have created a problem. It's those things you can't foresee that have a way of biting you.

The only other way I could have affected the situation was to play the heavy and threaten to call OSHA (or L&I perhaps?), as mentioned by ComerPEPLS. That probably would have been the right thing to do.

Had I done that they would have had to get a larger excavator, setting them back a day. I'm not crazy about dramatic confrontations either. That shouldn't have affected my judgment - but it did.

If you are qualified to make the call, contact the office that is in charge of what is going on and tell them what you see and what you think.

If you see an immediate threat, demand to see who is in charge on the ground and point out what you see as the threat.

Whatever happens after that is in their hands and you have probably done all you can about the situation.

I've noticed an increase of road gangs that are spread up and down the highways that have improper signage and useless signal personnel causing hazard traffic situations in recent years.

BTW, many a good deed has backfired on the Samaritan because of a high priced lawyer.

0.02

I don't know the liability of saying the wrong thing or giving non-expert directions. But I would think that you would be at a higher level of negligence if you say nothing and walk away. Maybe saying something that is within your knowledge level, like that has got to be unsafe without a bench or way out...etc. But not offer specific remedies. I agree with everyone who says to start making phone calls or to speak to the next level of authority.

Lawyer: Did you do any work on the site?
Surveyor: Yes.
L: Then we're suing you along with everybody else for the death of the worker.
Did you notice any unsafe conditions?
S: Yes
L: Did you notify anyone?
S: I told the supervisor it was unsafe.
L: Did you notify anyone in higher authority?
S: No
L: Did you give them any advice on how to make it safer?
S: Yes
L: Did they do it your way?
S: Yes
L: And your way led to the disaster?
S: Well ....
L: I rest my case.

Liability be damned!! You see an unsafe act, YOU STOP IT THEN AND THERE!! Raise unshirted hell until the issue is resolved. You do not want to hear that someone died because you were afraid to say something. NO JURY WILL EVER CONVICT YOU FOR STOPPING AN UNSAFE ACT. Human life is far to valuable to worry about ambulance chasing attorneys.

I pretty well agree with the CPTDENT.

N

all of the above,but it does raise the question of whether you would walk past a site,with which you have no connection.
Just saying. I used to work in trenches,when the chances of "trench supports" were more likely to cause damage than the unsupported sides.

I would have to believe any construction firm operating today has a safety program in effect. These safety plans empower every employee with a stop work authority, regardless of who the contractor is, if you witness an unsafe act or condition, you have the right and responsibility to act. At 105lb/ft^3 a cave in can be a fatal accident that is preventable.

> Never walk past an unsafe act or condition. Stop them. Don't try to direct them to fix it unless you are the designated competent person for that operation. Start making phone calls starting with the superintendent, going up the chain until you get to someone that is listening to what you are saying.

:good: :good: :good: :good: :good:

(5 is my max)

>
> What were my personal and/or professional responsibilities? What about the engineer and the inspector?

I have a friend who was there when another person made a stupid choice that resulted in death.

It all happened fast, but trust me, he wouldn't stand by in the same situation. He was too inexperienced to see what was actually happening, but now he isn't. You are experienced enough to know.