Case Study: TOSHA Fines Construction Firm $78,000 After Deadly Trench Collapse in Cleveland, Tennessee
In August 2024, a trenching operation in Cleveland, Tennessee ended in tragedy when a construction worker lost his life after being buried in a 9-foot-deep excavation. The incident—later investigated by the Tennessee Occupational Safety and Health Administration (TOSHA)—revealed a series of preventable safety failures and led to $78,000 in fines issued to the employer, Dillard Construction, Inc.
The Incident
Dillard Construction crews were installing a stormwater drainage system at a jobsite on Corporate Drive in Cleveland. According to TOSHA’s findings, several workers were tasked with clearing debris inside the trench while machinery operators placed concrete structures overhead.
Although a trench box—designed to prevent collapse—was on site and had been present for two full days before the accident, workers did not put it in place during the operation.
While one worker was inside the trench, the surrounding soil—classified as “Class C” due to prior disturbance—gave way, burying the employee under the collapsed trench walls. Emergency personnel were unable to save him, and he was pronounced dead shortly afterward.
Key Violations Identified by TOSHA
TOSHA concluded that the fatality resulted from multiple, serious safety lapses. Their report identified four major violations and corresponding penalties:
Failure to properly train employees on trench hazards – $4,000
Workers involved in excavation lacked adequate training on soil classification, collapse risks, and safe work practices.
Failure to provide safe access and egress – $2,000
No ladder or stairway was provided for workers to enter or exit the 9-foot trench safely, a basic OSHA requirement.
Failure to perform daily trench inspections – $2,000
Competent person inspections—required before and throughout each work shift—were not conducted, despite the unstable soil conditions.
Failure to install a trench protective system – $70,000
The most serious violation involved not using the trench box that was already onsite. Its absence directly contributed to the fatal collapse.
The fines totaled $78,000, reflecting TOSHA’s classification of the failures as preventable and serious.
Underlying Safety Failures
- Ignoring Known Hazards
The soil had been previously disturbed and classified as highly unstable. Despite this, no protective systems—including trench shields, shoring, or sloping—were used. - Inadequate Supervision and Safety Planning
The presence of a trench box that went unused signals a breakdown in supervision, safety leadership, and daily worksite planning. - Lack of Competent-Person Oversight
Excavation rules require a trained competent person to inspect trenches and authorize entry. TOSHA found no such inspections occurred. - Insufficient Worker Training
The employer failed to ensure that workers understood trench hazards, emergency procedures, and regulatory requirements for safe access.
Lessons for Tennessee Employers
- Trench protection is mandatory in any excavation 5 feet deep or greater, regardless of soil type.
- Daily inspections must be performed by a competent person, especially after weather events or vibrations.
- Protective systems must be used; having a trench box on site does nothing if it isn’t installed.
- Training saves lives. Workers must understand soil types, collapse risks, and emergency escape procedures.
Why This Case Matters
Tennessee sees trench-related fatalities nearly every year, and these incidents are consistently deemed preventable. This case highlights how a combination of inadequate hazard assessment, poor planning, and missed opportunities can turn a routine construction task into a deadly event.
For organizations involved in excavation, utilities, emergency response, or municipal infrastructure projects, the Cleveland trench collapse fatality is a sobering reminder that compliance is not optional—it's lifesaving.
UT CIS offers specialized training to help organizations strengthen their capabilities in excavation and trenching safety, including Trench Rescue programs designed to prepare responders for safe and effective operations during collapse emergencies. As an OSHA Training Institute Education Center, UT CIS delivers OSHA’s #7410 Managing Excavation/Trenching Operations, a course that provides supervisors, competent persons, and safety professionals with the knowledge needed to identify hazards, implement protective systems, and manage compliant trenching operations. Together, these trainings help Tennessee employers reduce risk, improve response readiness, and ensure safer worksites for their crews.