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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: 1682508.015 - Tree Sculpture Group
Inspection Information - Office: American Canyon District Office
Site Address:
Tree Sculpture Group
108 Lennon Ln
Walnut Creek, CA 94598
Mailing Address:
642 Mccormick St., San Leandro, CA 94577
Union Status: NonUnion
SIC:
NAICS: 561730/Landscaping Services
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 01/02/2024
Emphasis:
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 2053027 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 1 | 1 | ||||
| Current Violations | 1 | 1 | ||||
| Initial Penalty | $18,000 | $0 | $0 | $0 | $0 | $18,000 |
| Current Penalty | $18,000 | $0 | $0 | $0 | $0 | $18,000 |
| 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 | 3203(A) | 01/02/2024 | $18,000 | $18,000 | $0 | 01/30/2024 | C - Contested |
Investigation Summary
At 1:45 a.m. on July 23, 2023, an employee and a coworker were performing landscaping next to the right curb of a road. The crew arrived at the work site at about 7:30 a.m. to conduct repairs on the irrigation system of a hospital. The employee was in the process of inspecting the sprinkler nozzles that were either worn or damaged. The employee was checking one of the nozzles when a motor vehicle jumped the curb and struck the employee. According to the coworker, they had been performing repairs along the north side of the road. After lunch, the employee told the coworker to work on a lateral pipe repair at another location within the work site while he continued work along the north side. According to the police report, the vehicle's driver stated that he was driving westbound when he observed the employee with one leg in the roadway and one leg up above the curb. He felt a collision as he passed, and his right front tire hit the curb. He looked in his rearview mirror and saw the employee on the ground. The driver and another witness interviewed by the police stated that the employee was too close to the road. The police officer stated the employee was not wearing a safety vest. The coworker stated they had worked on the side of the road all morning before lunch with no traffic cones or any other traffic control. The employee sustained fractures and a concussion from blunt force trauma. On July 10, 2023, the employee died in the hospital as a result of his injuries.
Keywords: Blunt force, Blunt force trauma, Concussion, Fracture, Highway, Highway work zone, Irrigation Equipment, Laborer, Maintenance, Motor Vehicle, Reflective Vest, Repair, Road, Sprinkler, Struck By, Traffic Control
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1682508.015 | 54 | M | Fatality | Laborers, except construction |