The construction company that employed two men believed to have suffocated in a manhole has a lengthy history of safety violations.
Jesus Martinez and Luis Gomez were found dead inside a manhole near the intersection of U.S. 70 and Leesville Road in Durham around 6 p.m. Tuesday.
The Durham County Sheriff's Office says the men were not trapped and nothing had collapsed.
Burlington-based Triangle Grading and Paving employs 400 North Carolinians for projects across the state, but Tuesday's deaths aren't the company's first.
A worker was killed in 1997 when a hydraulic oil hose ruptured and ignited. The Department of Labor determined the hose was "worn and abraded" and cited the company for poor maintenance, infrequent inspections and improper training.
More recently, in a 2009 inspection, the Department of Labor found the company exposed employees to hazards while they worked in an eight-foot trench. The company was fined $40,000 and cited for violating excavation rules and requirements for protective systems.
According to Department of Labor inspection reports, there were 61 initial construction-related safety violations filed against the company since 1997. Twenty-three of those resulted in fines totaling more than $217,700.
But how many violations are too many?
"We're not in the business of putting people out of business, but we are in the business of making sure it's a safe environment that workers work in," said Allen McNeely, with the Department of Labor.
The Department of Labor says it is their responsibility to ensure companies are safe environments and enforce safety regulations. In this case, McNeely says it is up to the City of Durham to check a company's safety record. However, a Durham spokesperson says checking the state's safety reports is not routine and the City refused requests for an on-camera interview and instead provided the following statement:
"Our thoughts and prayers are with the families of the two men who died in Tuesday’s incident. Safety is always an important factor on projects, which is why the City requires that our independent contractors follow all applicable laws and regulations to ensure the safety of their workers. This requirement in their contracts, even though the City is not the authority responsible for enforcement of these laws and regulations. The Department of Labor, appropriately, is now investigating this incident.
In issuing construction contracts, the City follows the bidding procedures as required by State statute. We also check references to determine the contractor’s ability to perform the work and assess if there are any issues that would impede that ability. If safety concerns are brought to our attention during the bidding process, they would be taken into account.
The City is always evaluating our processes, and will make changes as needed. We believe our practices to be consistent with other cities. The Department of Labor’s Occupational and Safety and Health Division, along with Triangle Grading are still investigating, so it is premature to make any determinations based on this incident at this time."
The Sheriff's Office, OSHA and the Department of Labor are investigating the incident. McNeely said the investigation is extensive and will likely take two to three months.
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