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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: 1751886.015 - Birch Enterprises Llc
Inspection Information - Office: Albany Area Office
Site Address:
Birch Enterprises Llc
100 Saratoga Blvd Prestwick Chase At Saratoga
Saratoga Springs, NY 12866
Mailing Address:
221 Hetcheltown Road, Glenville, NY 12302
Union Status: NonUnion
SIC:
NAICS: 561730/Landscaping Services
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 11/06/2024
Emphasis: L:Tree
Case Closed:
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 2168482 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 1 | 1 | ||||
| Current Violations | 1 | 1 | ||||
| Initial Penalty | $4,839 | $0 | $0 | $0 | $0 | $4,839 |
| Current Penalty | $3,629 | $0 | $0 | $0 | $0 | $3,629 |
| 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 | 11/26/2024 | 12/09/2024 | $3,629 | $4,839 | $0 | 01/13/2025 | F - Formal Settlement |
Investigation Summary
At 11:45 a.m. on May 30, 2024, Employee #1 was mowing near a pond when the mower went into the water. The lawn mower landed on top of the employee, pinning him underwater. The employee was unable to extricate himself and was found later, asphyxiated due to submersion in the pond. Emergency responders were called to the scene, but the employee was pronounced dead from asphyxiation caused by drowning in the pond.
Keywords: Asphyxiated, Drowning, Lawn Mower, Pinned, Water
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1751886.015 | 32 | M | Fatality |