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

Section (5)(a)(1): The employer failed to furnish to each of his employees employment and a place of employment which was free from recognized hazards that were causing or are likely to cause death or serious physical harm, in that employees were exposed to struck-by and caught-under hazards: (a) On or about August 29, 2019 for an employee who sustained injuries after he was struck-by an Skyjack Articulated Boom Lift while he was cleaning debris along a concrete barrier in a highway work zone in the vicinity of the East Midway Interchange near Bismarck, North Dakota. Abatement note: Among other feasible and acceptable means of abatement, the employer can implement a Safe Use Program as described in ANSI/SAIA A92.22: Safe Use of Mobile Elevating Work Platforms (MEWPs), which includes the establishment of policies that: 1. Ensure operators inspect the work area for hazards, including the presence of other personnel prior to operating or moving the MEWP. 2. Ensure operators communicate the movement of the MEWP to workers in the area prior to moving. 3. Ensure operators maintain a continuous and clear view of the area in the direction of travel while moving the MEWP.