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

29 CFR 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. The employer is failing to protect employees from drowning, and crushing hazards associated with the rollover of a riding lawnmower while operating an eXmark Lazer Z E-Series Serial Number 406526427 and Model LZE751GKA524A2. This was most recently documented on or about June 02, 2021 at Pierpoint Lawn and Landscape Inc. jobsite located at 217 South Borduelac Wichita Kansas 67230 (between 159th East and U.S. 54/Kellogg, near Andover), where the employer has an employee using a Zero Turn Lazer Z E-Series 52" riding lawnmower to cut the lawn. Instances of exposure include but are not limited to: 1) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower on inclines of approximately 19 to 32 degrees adjacent to a pond. 2) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without the protection of the roll over protection structure (ROPS) while mowing on an incline. 3) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without the safety restraint devices (seatbelt) while mowing on an incline. 4) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without adequate training. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO CORRECT THIS HAZARD IS TO: (1) Follow the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual. Page 5/64, "Safe Operating Practices - Training. All operators and mechanics should be trained. The owner is responsible for training the users." Page 8/64, "Slope Operation. Use Extreme caution when mowing and/or turning on slopes as loss of traction and/or tip-over could occur. The operator is responsible for safe operation on slopes." DANGER. Operating on wet grass or steep slopes can cause sliding and loss of control. Wheels dropping over edges, ditches, steep banks, or water can cause rollovers, which may result in serious injury, death or drowning. Do Not mow slopes greater than 15 degrees. (2) Ensure the riding lawnmower is not operated on a slope exceeding manufacturer's recommendation of 15 degrees as found on page 8/64 and page 14/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Do Not mow slopes greater than 15 degrees", and instead use alternate methods (such as push mowers and/or weed eaters) for cutting grass in these areas, which stated "Use a walk behind mower and/or a hand trimmer near drop-offs, ditches, steep banks or water. (Figure 3)." (3) Provide training program to address working near water, working with slopes, how and when to use ROPS and seatbelts. (4) Conduct a hazard assessment to determine areas that are on or near water with slopes that are greater than 15 degrees and develop alternate safe working practices that mitigate the risk. (5) Ensure that the roll over protective structure (ROPS) is in the up position as required on page 8/64, page 9/64, and page 12/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Keep the roll bar in the raised and locked position and use seat belt." This safety feature is also required on page 72/121 of the ANSI/OPEI B71.1-2017 for Consumer Turf Care Equipment - Pedestrian-Controlled Mowers and Ride-On Mowers - Safety Specifications. Figure 6 - Safety instructions for pedestrian-controlled and ride-on mowers. IMPORTANT. Safe Practices for Pedestrian-Controlled and Ride-On Mowers. Section IX. ROPS*, Part 2. "Keep a folding ROPS in the raised and locked position and use the seat belt when operating the machine." Page 78/140 of the ANSI/OPEI B71.4-2017 for Commercial Turf Care Equipment - Safety Specifications. Figure 3 - Safety instructions for commercial turf care equipment. IMPORTANT. Safe Practices for Pedestrian-Controlled and Ride-On Machines. Section IX. ROPS*, Part 2. "Keep a folding ROPS in the raised and locked position and use the seat belt when operating the machine." (6) Ensure that the employees are utilizing the seatbelt as required on page 8/64, page 9/64, and page 12/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Keep the roll bar in the raised and locked position and use seat belt." (7) Ensure employees read and understand the Operator's Manual prior to operating the riding lawnmower. (8) Establish and implement unannounced safety audits to ensure all operators are following established safety procedures. (9) Develop methods to monitor and to ensure that the established safety rules are enforced.