US Department of Labor finds contractor’s safety failures led to diver’s preventable fatality at underwater worksite at Manns Harbor bridge

MANNS HARBOR, NC – A Maryland-based construction contractor could have prevented a 47-year-old diver from suffering fatal injuries during an underwater dive test in June 2024 at the Manns Harbor Bridge on Croatan Sound. 

Investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration learned a four-member dive team employed by Coastal Gunite Construction Co. was doing an underwater test on the worker’s first day of work. Seconds after descending from a boat to about 19-feet underwater, the diver became unresponsive. Once the diver failed to answer radio calls, the other team members responded by removing the diver from the water. Co-workers assisted in getting the employee out of the water and performed CPR while waiting for emergency personnel to arrive. Despite those efforts, the employee could not be revived. 

OSHA’s investigators identified several safety deficiencies at the site, including Coastal Gunite’s failure to assess workers’ fitness for diving and ensure first aid supplies and a manual resuscitator were available on site. In addition, the company improperly positioned an air intake to prevent contamination and did not perform regular air purity tests on compressor systems and test air hose pressure annually.

“Ensuring employees are physically fit for commercial diving is a fundamental part of workplace safety,” said OSHA Area Office Director Kim Morton in Raleigh, North Carolina. “Employers have a duty to protect their workers by implementing strict safety protocols and thorough pre-employment evaluations, particularly in high-risk industries like commercial diving. This tragic incident could have been prevented.” 

OSHA cited Coastal Gunite Construction for four serious violations and proposed $40,329 in penalties, the maximum that OSHA can legally recommend.  

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission

Based in Cambridge, Maryland, Coastal Gunite Construction Co. has provided structural shotcrete services for commercial, industrial, energy and public sectors clients and has built, maintained and rehabilitated concrete structures since 1983. The company employs divers for marine operations to perform infrastructure construction, maintenance and repair.

Visit OSHA’s website for information on developing a workplace safety and health program. Employers can also contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards, including in industries such as maritime.