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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 1542358.015

Citation: 01001

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $9,557.00

Current Penalty: $9,557.00

Issuance Date: 01/07/2022

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 01/28/2022

Gravity: 10

Report ID: 0215300

Contest Date:

Final Order: 01/27/2022

Related Event Code (REC): A

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 01/27/2022 $9,557.00 01/28/2022 Serious  
Penalty Z: Issued 01/07/2022 $9,557.00 01/28/2022 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 in that employees were exposed to crushing hazards. a) On or about 17 July, 2021, at Marriott Frenchman's Reef Hotel Renovation, an employee engaged in construction debris clean-up was exposed to crush-by hazards while operating a Mustang, Model 642, S/N 64280121, extended reach tele-handler forklift. The employer did not ensure that seat belts were available for use. b) On or about 17 July, 2021, at Marriott Frenchman's Reef Hotel Renovation, an employee engaged in construction debris clean-up was exposed to crush-by hazards while operating a Mustang, Model 642, S/N 64280121, extended reach tele-handler forklift. The employer did not inspect the rough terrain forklift truck to check for proper operation and condition. Among other methods, feasible and acceptable methods to correct this hazardous condition would be: 1. Adhere to and require the use of the seat belt in accordance with the Consensus Standard ANSI B56.6-2011, Safety Standard for Rough Terrain Forklift Trucks, Section 8.25, which states: "Seat belts shall be provided that meet or exceed the requirements of ANSI/SAE J386". 2. Adhere to the manufacturer's warnings to wear seat belts when operating the equipment. 3. Enforce seat belt use during operation of powered industrial equipment. 4. Adhere to and perform forklift inspections in accordance with the Consensus Standard ANSI B56.6-2011, Safety Standard for Rough Terrain Forklift Trucks, Section 6.5.1, which states: "Before use each day, or at the beginning of each shift, the rough terrain forklift truck shall be inspected to check for proper operation and condition per the manufacturer's instructions."

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