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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 1451773.015

Citation: 01001

Citation Type: Other

Abatement Status: Abatement Completed

Initial Penalty: $3,856.00

Current Penalty: $3,500.00

Issuance Date: 03/20/2020

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 04/15/2020

Gravity:

Report ID: 0830400

Contest Date:

Final Order: 04/09/2020

Related Event Code (REC): R

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 04/09/2020 $3,500.00 04/15/2020 Other  
Penalty Z: Issued 03/20/2020 $3,856.00 04/15/2020 Serious  

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 associated with kickback of a cut-off saw during cutting operations: (a)Slowey Construction, Inc. at Project adjacent to 885 Cottonwood Lane in Dakota Dunes, SD, 57049: On or about and at times prior to December 11, 2019, the employer did not ensure employees were protected from struck-by hazards related to the use of a cut-off saw. An employee was exposed to kickback caused by pinching of the cut-off blade by the workpiece during cutting. An employee operating a Stihl TS 500i cut-off saw equipped with a Husqvarna HI8 diamond blade (P/N:542776504) was cutting a 16 inch diameter reinforced concrete pipe (RCP) when the cut-off saw kicked back and struck the employee in the face due to the location of the cut and the terminal ends of the pipe flexing which caused compressive or tension forces to pinch the blade. The employee required approximately 100 stitches and suffered nerve damage. This condition exposed employees to kickback hazards. Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow the manufacturer's instruction manual. The Stihl TS 480i, 500i Instruction Manual (Page 15), "Reducing Risk of Kickback Injury," recommends several methods of abatement which include: 1. Avoid wedging action. The severed part of the work piece must fall free and not wedge, bind or clamp the abrasive cutting wheel. 2. In order to reduce the risk of pinching, binding or clamping, support the workpiece in such a way that the cut remains open during the cutting process and when the cut is finished (see illustration). Never make a cut that results in a binding of the wheel. If you cannot properly support the workpiece, do not use a cutting-off machine to make the cut; select another tool or method. 3. Where there is possibility of a pinch, you should leave the uncut portion of the workpiece that prevents the cut from closing and pinching the wheel, which can later be broken manually using a hammer or other appropriate tool. 4. Follow instruction in Cutting Pipes or Other Round, Hollow Bodies, If the pipe is in-ground or otherwise cannot be rolled (page 24). Ensuring that considerations listed on page 23 are addressed including; Secure and support pipes and other round hollow bodies against sagging, slipping, dropping, moving, rolling or vibrating.

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