Inspection Detail

Inspection: 122041759 - Murphy Enterprises, Inc.

Inspection Information - Office: Milwaukee Area Office

Inspection Nr: 122041759

Report ID: 0523400

Date Opened: 08/10/1994

Site Address:
Murphy Enterprises, Inc.
8100 West Greenfield Avenue
West Allis, WI 53214

Mailing Address:
6846 South Trenton Street, Tulsa, OK 74136

Union Status: NonUnion

SIC:7999

NAICS: 0

Inspection Type: Accident

Scope: Partial

Advanced Notice: N

Ownership: Private

Safety/Health: Safety

Close Conference: 08/12/1994

Emphasis:

Case Closed: 11/14/1995

Related Activity
Type	Activity Nr	Safety	Health
Accident	360407308
Referral	901282020	Yes

Violation Summary
Violations/Penalties	Serious	Willful	Repeat	Other	Unclass	Total
Initial Violations	2			5		7
Current Violations				6		6
Initial Penalty	$3,900	$0	$0	$7,200	$0	$11,100
Current Penalty	$0	$0	$0	$3,300	$0	$3,300
FTA Penalty	$0	$0	$0	$0	$0	$0

Violation Items
#	Citation ID	Citaton Type	Standard Cited	Issuance Date	Abatement Due Date	Current Penalty	Initial Penalty	FTA Penalty	Contest	Latest Event	Note
1.	01001	Other	19100023 D01 III	09/27/1994	10/10/1994	$500	$900	$0	10/25/1994	F - Formal Settlement
2.	01002	Other	19100147 C04 II	09/27/1994	10/30/1994	$0	$3,000	$0	10/25/1994	F - Formal Settlement
3.	02001	Other	19040004	09/27/1994	10/10/1994	$1,800	$1,800	$0	10/25/1994	F - Formal Settlement	Citation has been deleted.
4.	02002	Other	19040007	09/27/1994	10/10/1994	$800	$1,200	$0	10/25/1994	F - Formal Settlement
5.	02003	Other	19040008	09/27/1994	09/30/1994	$2,000	$3,000	$0	10/25/1994	F - Formal Settlement
6.	02004	Other	19101200 E01 I	09/27/1994	10/30/1994	$0	$600	$0	10/25/1994	F - Formal Settlement
7.	02005	Other	19101200 H	09/27/1994	09/30/1994	$0	$600	$0	10/25/1994	F - Formal Settlement

Investigation Summary

Investigation Nr: 14367478

Event: 08/02/1994

Employee struck and killed by gate on flatbed truck

At approximately mid-afternoon on August 2, 1994, Employee #1, a day worker, unloaded three child amusement airplane rides from a flatbed tractor trailer in order for them to be field assembled for the forthcoming state fair. The flatbed trailer had vertical gates/racks on the left side of the higher/forward portion of the trailer to retain the rides during highway transit. The forward area of the trailer is 49 1/2 inches off the ground. The two adjacent gates/racks were hinged at the trailer's edge. These gates are held in the vertical position by a single pin, which is horizontally inserted through a keeper and retainer key arrangement. When unpinned they swing out and down horizontally. The larger forward gate/rack is 48 inches high by 138 inches long and is made up of a frame perimeter with spaced vertical members. The stock of these gates/racks is made entirely of 2 inch square steel channel with an estimated weight of 350 pounds for the larger gate/rack, which is pinned at the right side only. There were no eyewitnesses to the event. The foreman and coworkers in the area surmise that Employee #1 was attempting to ascend to the floor of the trailer by grabbing one of the vertical members of the larger gate/rack and pulling himself upward when the unsecured gate/rack fell from its vertical position to a horizontal, downward-inclined position, striking Employee #1 in the mouth and fracturing his right and left jaw. Employee #1 was immediately hospitalized, became comatose, and died at the hospital on August 8, 1994 of a blood clot in the carotid artery. The trailer was made by A. Zamperla (Parsippany, New Jersey) VIN #ZA9T6b4X4G1ZA9703, serial #101-8675, and had been sold to the employer in March of 1986. Preliminary disclosures indicate that the original trailer appurtenances did not include the present gate/rack configuration. Poor gate/rack design, and the lack of redundant safety features were the primary contributing factors. A drug and alcohol screen was positive for cocaine and barbiturates and detected an alcohol level of less than 0.01.

Keywords: AMUSE PARK/CARNIVAL, FRACTURE, UNSECURED, WORK RULES, INTOXICATED, OFF LOADING, STRUCK BY, AMUSEMENT RIDE, FALLING OBJECT

Investigated Inspection
#	Inspection	Age	Sex	Degree of Injury	Nature of Injury	Occupation
1	122041759			Fatality	Fracture	Helpers, mechanics and repairers

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