New information on a trench collapse that killed two construction workers and severely injured a third back in May.

Hard Rock Construction has appealed OSHA's decision to fine the company $77,000 for the deadly accident.

David Kearns with OSHA tells us the appeal will be reviewed by attorneys with the Occupational Safety and Health and Review Commission and then sent to a judge to schedule a hearing.

A settlement may still be reached out of court, but a resolution could take months or even years.

Ernesto Saucedo-Zapata, 26, and Bert Smith Jr., 36, died when the trench they were working in collapsed in on them. A third man, Jorge Soto, was also buried in the collapsed, but survived with multiple broken bones after rescuers were able to reach him.

OSHA ruled after an investigation that Hard Rock Construction could have prevented the workers' deaths by using a trench box, which prevents cave-ins.

Construction crews are instructed to use a trench box on any trough deeper than five feet. The trench in which Saucedo-Zapata and Smith died was nine feet deep.