The owner of a Wisconsin construction company was killed Nov. 10 when a 10-foot-deep trench he was working in caved in and no cave-in protection was used.

Scott A. Krepline, 46, owner of Krepline Trucking & Excavating, was working alone in the trench when the sidewalls caved in. Emergency responders pronounced him dead at the scene.

Krepline’s Hilbert, Wisconsin-based company was installing a sewer line between new storage unit locations and an existing commercial business in Kaukauna, Wisconsin. Krepline’s only employee was his dad.

OSHA responded to the scene, and reported that no cave-in protection was used on the work site, but may not take any further action against the company.

“OSHA hasn’t determined if they’re going to open an investigation because the owner of the company is deceased,” says Rhonda Burke, deputy director for public affairs for the U.S. Department of Labor. “Yes, they went to the scene and normally a fatality would cause OSHA to open an investigation and issue fines, but in this case there would be no one to issue the fines to.”

Burke adds that the company has had no previous OSHA history.

Cave-ins are more likely to result in fatalities than other excavation-related accidents, and trench collapses cause dozens of deaths and hundreds of injuries each year, according to OSHA.

Unless built in entirely stable rock, trenches 5 feet deep or more require a protection system. Those that are 20 or more feet deep require a protective system designed by a professional engineer or should be based on data prepared or approved by a professional engineer.

OSHA’s guidelines state that protective systems include sloping the trench wall away from the excavation, installing supports to prevent soil movement and using trench boxes. The agency also requires safe access and exits, including ladders, steps and ramps, in trenches 4 feet deep or deeper.