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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 123157307

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $3,000.00

Current Penalty: $1,500.00

Issuance Date: 03/15/2007

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 04/04/2007

Gravity: 10

Report ID: 0111500

Contest Date:

Final Order:

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 04/30/2007 $1,500.00 04/04/2007 Serious  
Penalty Z: Issued 03/15/2007 $3,000.00 04/04/2007 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing hazard by a Bobcat Mini excavator: Jobsite: The employer did not ensure through a direct observation, instruction and training that each employee operating material handling equipment, such as (but not limited to) excavators that were equipped with Roll- Over Protective Structure (ROPS) and used within off-highway jobsites was wearing seat belt at all times to protect the operators from being ejected from the seat and crushed by the equipment. On or About October 24, 2006, the employee operating the Model 331 Bobcat Mini Excavator to remove a 1820-pound plant glass and root system on a 20-degree inclined grass soil embankment was not wearing the seat belt and ejected from the seat when the excavator tipped over. The employee was crushed by the ROPS and sustained a fatal injury from the incident. Among other methods, one feasible and acceptable abatement method to correct the hazard is to: 1. Follow the Bobcat Mini Excavator's Operation and Maintenance Manual 6901957 (4-02 Rev.1) pertaining to the use of seat belt. 2. Utilize other effective and useful methods.e

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