A U.S. Department of Labor investigation concluded that RIGID Constructors LLC could have prevented the drowning of a 27-year-old heavy equipment operator at a Leland, North Carolina, worksite by following established safety protocols.
The incident occurred in August 2024 when a heavy equipment operator and a foreman attempted to reposition a pump at Cell-3 Eagle Island using an amphibious excavator. The machine tipped over while exiting a water-filled cell, trapping the worker underwater. Efforts by the crew and emergency responders to revive the worker were unsuccessful.
Following the investigation, the Occupational Safety and Health Administration (OSHA) cited RIGID Constructors for four serious violations, including failure to train workers on operating a marsh hoe, not providing or requiring personal protective and lifesaving equipment near water, and failing to supply a skiff for emergency use.
“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 proposed $50,703 in penalties against the Louisiana-based contractor, which employs about 370 workers nationwide and specializes in heavy civil and marine construction services.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA, or contest the findings before the Occupational Safety and Health Review Commission.
