An OSHA investigation into the drowning of a 27-year-old heavy equipment operator at a Leland, North Carolina worksite found the employer could have prevented the fatal incident by following established safety regulations.      

An investigation by the department’s Occupational Safety and Health Administration into the August 2024 incident found that a heavy equipment operator and a foreman with RIGID Constructors LLC were repositioning a pump at Cell-3 Eagle Island using an amphibious excavator. While attempting to exit the water-filled cell, the machine tipped over, trapping the equipment operator underwater. The crew and emergency responders could not revive equipment operator. 

OSHA cited the Louisiana contractor with four serious violations for failing to train workers on operating a marsh hoe and for not providing or requiring employees to use personal protective and lifesaving equipment while they worked near the water-filled excavation site. The employer also failed to provide a skiff for workers to use immediately in the event of an emergency. 

“RIGID Constructors’ failure to comply with federal safety and health standards resulted in a preventable tragedy,” said OSHA Area Director Kimberley Morton in Raleigh, North Carolina. “Safety cannot be just a marketing slogan or an afterthought, it must be a core commitment. Workplace safety isn’t optional, a privilege for some, or merely a recommendation; it is the law.”

OSHA has assessed the employer $50,703 in proposed penalties.