LELAND, NC – A U.S. Department of Labor investigation into the tragic drowning of a 27-year-old heavy equipment operator at a Leland worksite determined that the employer could have prevented the fatal incident by adhering to established safety protocols.

The investigation, conducted by the department’s Occupational Safety and Health Administration (OSHA), revealed that in August 2024, a heavy equipment operator and a foreman from 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 operator underwater. Despite efforts by the crew and emergency responders, the operator could not be revived.

OSHA cited the Louisiana-based contractor for four serious violations, including the failure to properly train workers on operating a marsh hoe, the failure to provide or require the use of personal protective and lifesaving equipment while working near the water-filled excavation, and the failure to provide a skiff for immediate 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.”

As a result, OSHA has proposed a penalty of $50,703 for the violations.

Based in Lafayette, Louisiana, RIGID Constructors is a privately held company specializing in heavy civil and marine construction services with approximately 370 employees nationwide.

The company has 15 business days from the receipt of the citations and penalties to either comply, request an informal conference with OSHA, or contest the findings with the independent Occupational Safety and Health Review Commission.

For additional information on workplace safety programs and compliance resources, visit OSHA’s website or contact the agency for free assistance on adhering to OSHA standards.