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Inspection Detail
Note: The following inspection has not been indicated as closed. OSHA citation items will be posted 30 (thirty) days after the employer receives the citation(s), except in cases of significant public interest. Posted citation items reflect any amendments to citations that are the result of a prompt settlement, which OSHA encourages. Employers and employee representatives will continue to receive copies of the citation(s) upon issuance.
Inspection: 1620965.015 - Jm Diaz Landscaping, Llc
Inspection Information - Office: Wilmington Area Office
Site Address:
Jm Diaz Landscaping, Llc
23451 Marina Drive East Angola By The Bay Development
Lewes, DE 19958
Mailing Address:
22257 Gwen Avenue, Georgetown, DE 19947
Union Status: NonUnion
SIC:
NAICS: 561730/Landscaping Services
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 09/09/2022
Emphasis:
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 1944899 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 2 | 2 | ||||
| Current Violations | 2 | 2 | ||||
| Initial Penalty | $18,304 | $0 | $0 | $0 | $0 | $18,304 |
| Current Penalty | $12,813 | $0 | $0 | $0 | $0 | $12,813 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 5A0001 | 03/08/2023 | 04/03/2023 | $10,938 | $15,625 | $0 | I - Informal Settlement | ||
| 2. | 01002A | Serious | 19260050 B | 03/08/2023 | 04/03/2023 | $1,875 | $2,679 | $0 | I - Informal Settlement | ||
| 3. | 01002B | Serious | 19260050 F | 03/08/2023 | 04/03/2023 | $0 | $0 | $0 | I - Informal Settlement |
Investigation Summary
At 11:30 a.m. on September 9, 2022, an employee was operating a mini-Bobcat excavator as a landscaper. When the employee drove over an elevated surface, the excavator dropped forward and the employee was ejected in front of the vehicle. The employee was killed when his upper body was crushed by the excavator's lift arms.
Keywords: Crushed, Crushing, Ejected, Excavator, Landscaper, Landscaping, Powered Industrial Vehicle, Torso
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1620965.015 | 22 | M | Fatality | Supervisors; carpenters and related workers |