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

OSH ACT of 1970 Section (5)(a)(1): 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 struck-by hazards resulting from the use of steel livestock gates to move cattle: (a)Glacial Lakes Livestock, Inc. at 1005 9th Avenue Southwest, Watertown, SD, 57201: On or about and at times prior to August 15, 2019, the employer did not ensure employees were protected from struck-by hazards when using steel livestock gates to facilitate movement of cattle into and out of the auction sales ring. While standing behind and using the livestock gate to move cattle into the sales ring of the auction barn, one employee was struck in the head by the gate after a cow collided into it. The employee later died as a result of severe head trauma sustained from this incident. This condition exposed employees to struck-by hazards related to using steel gates to move cattle. Abatement Note: Among other methods, a recognized and feasible means of abatement for employee exposure to these hazards include: (1) Comply with The LMA 2018 Guide to Animal Handling-Employee Training for Livestock Markets Section on Gates (page 7) to include, but not limited to: -Never stand behind a gate while loading a pen. Even if latched, gates can break free and cause serious injury. LMA 2018 Guide to Animal Handling-Employee Training for Livestock Markets states, The majority of livestock and employee injuries that occur are due in part to poor walking surfaces and the failure to maintain and safely use gates in the market. Simple preventative measures, training, and good management can greatly reduce the risk of injury to livestock and employees (page 6). (2)Use of an automatic or self-locking latch on the north pit gate so that if the gate is struck by an animal the latch would limit the swing of the gate to reduce employee exposure to struck-by and/or caught-in hazards. The University of Arkansas Research and Extension office for the Division of Agriculture article Cattle Working Facilities MP239 and The Journal of Agricultural Safety and Health article Worker Injuries Involving the Interaction of Cattle, Cattle Handlers, and Farm Structures or Equipment note use of these types of gates can be used to reduce employee exposure to these hazards. (3)Employee use of the adjacent catwalk to the pit to accommodate movement into the sale floor and sorting/singling of cattle if the North pit gate remains closed. The Oklahoma State University Cooperative Extension Service Division of Agricultural Sciences and Natural Resources article Cattle Handling Safety in Working Facilities states a catwalk around the outside of the crowding pen allows workers to maneuver animals toward the chute while avoiding direct animal contact. The article also states to not enter a crowding area with animals if they become bunched, or refuse to progress. Use of a catwalk to accommodate these processes removes employee exposure to these hazards.