BLOOMINGTON - A local contractor for street improvements around the U.S. Cellular Coliseum received a $197,500 fine for exposing workers to potential trench cave-ins.

R.A. Cullinan and Son Inc., which said it will contest the ruling, received the fine after an October 2005 inspection by the Occupational Safety and Health Administration. The inspectors found an unprotected trench at the job site near Lee and Olive streets.

R.A. Cullinan and Son is the parent company of Rowe Construction of Bloomington, which had a city contract for Coliseum-related infrastructure work. Rowe did not work on the Coliseum itself.

OSHA announced the fine Tuesday morning.

Safety allegations

In its charges against R.A. Cullinan and Son, OSHA claimed the company violated safety standards because two trenches were without cave-in protection, and backfill and other materials were placed too close to the edge of the trench. Also, OSHA claimed the contractor did not protect workers from being injured in the swing radius of a backhoe working in the area.

No one was injured during the construction.

"Any one of these violations has the potential to cause serious harm, even death, to workers," John Newquist, OSHA's area director in Peoria, said in a prepared statement. "Trenching remains one of the most hazardous jobs in construction if proper safety procedures are not followed."

15 days to appeal

Mike Cullinan, president of R.A. Cullinan and Son, said the company will contest the violations and fine. The company has 15 days to appeal OSHA's decision.

"While there is always an element of judgment in the interpretation and implementation of safety rules and regulations, we particularly take issue with any inference that the company itself was 'willful' or 'shirked' our responsibility in the proposed OSHA finding and penalty," Cullinan said.

"We value the safety of the public and our employees and hold ourselves to the highest professional standards to ensure their well-being," he said.

"We have a proactive safety program and will continue to pursue safety on the job site in the future with the same vigor as in the past," Cullinan added.n;

OSHA said R.A. Cullinan and Son received trenching violation citations dating back to 1986.

Bloomington city engineer Doug Grovesteen said the Rowe Construction contract included running new storm sewers and repaving the roads around the Coliseum.

Grovesteen said he was unfamiliar with the details of the OSHA claim, but he added he knew an investigation was on-going because OSHA asked for the project plans.

"It had to do with the infrastructure improvement project. That's what Rowe was doing for us in that area," he added.

Johnston Contractors of Bloomington is the general contractor for the $37 million Coliseum.

Project Superintendent Charles "Chuck" Thomas said Johnston and its subcontractors have been working with OSHA to make sure the project remained safe for its workers.