Labor & Employment Law Daily Wrap Up, DOL NEWS—OSHA aims for over $2.3M in penalties for excavation, crane safety, asphyxiation, other hazards, (Dec 19, 2025)

By Pamela Wolf, J.D.

WHD recovers $171k to reimburse migrant works for unlawful rent charged for unsafe housing and assesses $76k for Migrant and Seasonal Agricultural Worker Protection Act violations.

In separate developments, the DOL’s OSHA proposed $2,232,208 in penalties against employers in Connecticut, Idaho, and Georgia for cave-in and excavation, crane safety, asphyxiation, and other health and safety hazards. The DOL’s Wage and Hour Division (WHD) also recovered $171,400 in unpaid wages from a California employer to reimburse rent reportedly charged to migrant workers to live in unsanitary housing conditions, and assessed $76,274 in civil penalties against the employer.

Continued cave-in and excavation hazards. OSHA again cited Sound Construction Inc. for willfully failing to protect workers from cave-in and excavation hazards, and proposed $1,224,798 in fines after a follow-up inspection uncovered numerous willful violations. On June 12, 2025, OSHA initiated an inspection at a Sound Construction site in Stamford, Connecticut, and cited the employer for seven willful and four serious violations related to excavation hazards. Inspectors found the employer failed to train workers on unsafe trenching and excavation hazards, provide adequate protection from cave-ins, require daily excavation inspections, follow trench shield installation standards, and backfill shields to prevent hazardous movement.

Previously, in December 2023, OSHA officials had responded to a workplace fatality at a New Canaan, Connecticut, worksite that claimed the life of a Sound Construction worker. As a result of that investigation, OSHA cited the employer for two willful and five serious violations and entered into a settlement agreement requiring the owner to submit monthly lists of active worksites and allow OSHA to randomly inspect them to determine trenching and excavation safety standard compliance.

Repeated crane-related and other hazards. The federal safety agency cited Virginia Transformer Corp. for failing to correct hazards previously identified by inspectors and repeatedly exposing workers to serious safety hazards, and proposed $986,888 in penalties. OSHA cited the Idaho transformer producer for 53 serious and repeat violations, including failure to guard machinery, exposing workers to fall hazards, and failure to provide personal protective equipment. Inspectors found employer exposed employees to hazards similar to those identified during two 2024 inspections involving cranes used to handle heavy loads with faulty brakes and switches.

Following fatality, cited for asphyxiation, other hazards. OSHA cited Hyoungwon E&C America Inc. for exposing workers to safety hazards after an investigation into a worker fatality at the Hanwa Q Cells Georgia Inc. plant in White, Georgia, and proposed $20,522 in penalties. The agency issued the company a serious violation under the Occupational Safety and Health Act’s general duty clause for failing to protect employees against asphyxiation hazards related to nitrogen gas and another serious violation for not providing effective information and training on hazards related to nitrogen gas and oxygen-deficient atmospheres.

Migrant worker violations. The WHD recovered $171,400 in back wages to reimburse rent for 30 workers at Lucky Growers Inc. after finding that the San Marcos, California, agriculture employer illegally charged agricultural laborers rent for unsafe housing conditions. Investigators determined the workers lived in unsanitary housing with structural damage, mold, insect and rodent infestation, rooms with makeshift or missing doors and propane tanks, and spaces with missing lighting. The housing also lacked fire extinguishers, working smoke detectors, and first aid kits. Further the employer reportedly neglected to give workers information about job and housing conditions prior to employment. The agency also assessed $76,274 in civil money penalties for Migrant and Seasonal Agricultural Worker Protection Act violations.

“Farmworkers provide essential labor that helps feed millions of Americans, and they have rights that are federally protected,” said WHD Assistant District Director Emily Eckstein. “Lucky Growers failed to meet its legal requirements for employing agricultural workers. The Wage and Hour Division remains committed to protecting farmworkers and holding accountable employers who violate the law.”

Comply or contest OSHA fines. Generally, employers have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Companies: Sound Construction Inc.; Virginia Transformer Corp.; Hyoungwon E&C America Inc.; Hanwa Q Cells Georgia Inc.; Lucky Growers Inc.

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