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From the brief of Thursday, October 15, 2026 · No. 6

From the daily brief · Policy

OSHA proposes $648,094 in penalties against 6 contractors over one NY excavation

Six employers were cited over one hole in the ground, so any contractor that digs or works near trenches should check its inspection paperwork this month.

By Carter Josephson · · 2 min read

What happened

The U.S. Department of Labor cited six New York and New Jersey construction employers for willful and serious safety violations involving excavation hazards at the Monroe Commons project, also known as Magna Square, a planned 4-story, roughly 408,000-square-foot mixed-use commercial building in Monroe, New York. OSHA, which responded to an allegation of struck-by and collapse hazards at a large excavation on the site, proposed a combined $648,094 in penalties in a release dated Oct. 13, 2026.

What it means for a 10-to-50-person business

Full release not fetched (HTTP 403). Facts come from the feed excerpt only, so employer names, roles and per-employer amounts are unconfirmed. The point for owners is that six companies were cited over one excavation. Being the sub who did not dig the trench is not a defense. Split evenly, the penalties average about $108,000 per employer, though the actual split is not in the excerpt. Take a 20-person plumbing contractor running sewer and water laterals with 3 crews. A written daily trench inspection by a named competent person takes about 15 minutes per open excavation. With 3 trenches open, that is roughly 16 hours a month, or about $720 at $45/hr. One willful citation can cost more than ten years of that time. GCs, site-work, plumbing and electrical contractors who trench or put crews in other people's excavations should care. Cleaning firms, agencies, and accounting and law practices can ignore this.

What to do
Try it

Spend one hour this month confirming that every crew that digs or works in trenches has a named competent person and a dated daily inspection log, kept in your field or project app or on paper, that you could hand to an inspector.

What it costs
What it costs
Average proposed penalty per employer in this case, $648,094 ÷ 6
≈ $108,000 (actual split not confirmed)
OSHA maximum per willful violation (2025 figure; 2026 adjustment not checked)
$165,514
Daily trench inspections, 3 open trenches × 15 min × 21 workdays
≈ 16 hrs/mo (≈ $720 at $45/hr)
Owner review of competent-person assignments and logs
1 hr (≈ $75 at $75/hr)
Doing nothing
$0 now; a single serious citation can run up to $16,550 (2025 maximum), and a willful one up to $165,514
Sources
dol.gov (primary) · OSHA: Trenching and Excavation safety

Questions owners ask

Can a general contractor be cited for a subcontractor's trench?

Yes. Under OSHA's multi-employer citation policy, the employer that created the hazard, exposed workers to it, was responsible for fixing it, or controlled the site can each be cited.

Are these penalties final?

No. They are proposed. Cited employers generally have 15 business days from receipt to pay, request an informal conference with OSHA, or contest the citations.

Three to five of these, every weekday morning.

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