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 caught-in-between hazards: (a)Pleasant Dutch Dairy, LLP at 43220 189th Street, Willow Lake, SD 57278: On or about and at times prior to December 20, 2019, the employer did not ensure employees were protected from a caught-in-between hazard associated with operating a Caterpillar Skid Steer Loader from outside the machine while the safety devices were bypassed in that, the safety interlocked armrest was in the down position when the operator was outside the cab. On December 20, 2019, an employee operating the Caterpillar Model #246, Serial #CAT 00246E5SZ05922 was killed after being caught-in-between the loader lift arm and the cab of the machine while attempting to mount or access the machine while it was running and the interlocked armrest was in the down position. This condition exposed an employee to caught-in-between hazard resulting in death. Abatement Note: Among other methods, one feasible and acceptable abatement method to control this hazard is to follow the Caterpillar Operation and Maintenance Manual for Skid Steer Loaders # SEBU7468-07, Safety Section, Safety Messages, page 13, "Mounting and Dismounting," Maintain 3-point contact (2 feet and 12 hand or 1 foot and 2 hands) with steps and handholds. When leaving Loader: 1. Park machine on level ground. 2. Lower work tool to ground. 3. Stop engine and remove ignition key. 4. Raise arm rest and remove seat belt. 5. Park brake is applied automatically. Failure to follow the instructions or heed the warnings could result in injury or death.