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OSHA Fines Alabama Contractor $257K After 2 Deaths; Wrongful Death Suit Gains Credence

Construction Labor Services Inc., an Alabama contractor, faces proposed penalties of $257,707 from the Occupational Safety and Health Administration (OSHA) for 16 serious violations following the deaths of two workers. On August 11, 2025, Garrett Robertson, 31, and Herber Rivas (also identified as Gerver Adalberto Rivas Bargas), 50, were overcome by sewer gas while installing and repairing sewer lines inside a manhole in Mobile, Alabama, during a project for the Mobile Area Water and Sewer System (MAWSS). A third worker managed to self-rescue. OSHA's investigation concluded that the company lacked crucial safety measures, including confined space entry programs, procedures, training, and emergency response plans to ensure acceptable entry conditions. Stephen Maggio, an attorney representing Rivas Bargas' family in a wrongful-death lawsuit, stated that OSHA's findings, while not directly impacting the civil suit's financial outcome for the family, lend "credence" and support to claims of negligence, an unsafe worksite, and improper oversight. The lawsuit names Construction Labor Services and Irisela Construction LLC as defendants. Construction Labor Services has denied the allegations, asserting immunity as a "special employer," and has declined to comment on the OSHA citations. Irisela Construction LLC has not responded to the lawsuit, prompting Maggio to seek a default judgment. Rivas Bargas reportedly left behind five children in Guatemala. Construction Labor Services has 15 business days to contest OSHA's findings.

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