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 immersion and drowning hazards. a) Shelton Land and Cattle LTD DBA Shelton Dairy Corp., 22656 County Road 42, LaSalle, CO 80645: On March 30, 2021, the employer did not ensure employees were protected from suffocation and drowning hazards. An employee operating a Mensch Vacuum Truck model V4500 to offload manure into an approximately twelve foot deep concrete pit sustained fatal injuries when the truck was driven into the manure pit containing manure and liquid waste. The employee was trapped in the submerged cab of the truck. The employer did not ensure that the pit had adequate guarding or curbing to prevent the truck from falling into the manure pit while moving it into position on the push-off platform. Abatement Note: Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow the practices as outlined in American Society of Agricultural and Biological Engineers ASAE EP470.1 - 2011(R2016) "Manure Storage Safety", regarding protective barriers at manure pits. b) Shelton Land and Cattle, LTD. DBA Shelton Dairy Corp., 22656 County Road 42, LaSalle, CO 80645: On and preceding March 30, 2021, the employer did not ensure employees were protected from struck-by and crushing hazards. The employer used a single occupant cab Mensch Vacuum Truck model V4500 to transport manure over rough terrain. New operator training involved alternating the trainee standing upon a vehicle mounted exterior ladder adjacent to the cab with the trainer operating the vehicle, and the trainee operating the vehicle while the trainer stood upon the vehicle mounted exterior ladder adjacent to the cab. This condition exposed employees to struck-by and crushing hazards. Abatement Note: Among other methods, one feasible and acceptable abatement method to correct this hazard is to prohibit employees from riding on the outside of the Mensch at any time. Conduct training in a manner that does not require an employee to ride outside of the Mensch, such as the training the employer is now conducting. The employer can reference a training video created by Mensch Manufacturing.