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 and crushing hazards: (a)D&K Lawn Care, LLC, at 4000 North National Avenue, Sioux Falls, SD 57104: On or about and at times prior to October 29, 2021, the employer did not ensure employees in the vicinity of a Komatsu WA270-8 wheel loader were protected from struck-by hazards. On October 29, 2021, an employee walking across the company yard was fatally injured after being struck-by a wheel loader driving in reverse in the yard. This condition exposes employees near the loader to struck-by and crushing hazards. Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow the guidelines in the Komatsu WA270-8 Wheel Loader Operation and Maintenance Manual and ensure that all equipment operators are trained to recognize struck-by and caught-in-between hazards to take effective measures to minimize those hazards. 1. 3-182 of the Operations Manual, or page 248 states, "Do not allow anyone to enter the area behind the machine; 2. 2-15 of the Operations Manual, or page 37 states, "Only trained and authorized personnel can operate and maintain the machine; 3. 2-27 of the Operations Manual, or page 49 states, "If there is an area in the rear of the machine which cannot be seen, allocate a conductor (spotter). Additional abatement methods can include but are not limited to the following: 1. Implementing and enforcing a policy prohibiting pedestrian traffic in the yard while the front end loader is operating; 2. The work area should be organized to minimize backing; 3. Backing should only take place in designated locations; 4. There should be clear communication between the operator and workers on foot before backing begins; 5. Hi-Visibility clothing should be worn when working in the yard. In addition to the safe backing principles, there are several good practices each type of worker could employ: 1. Operators should be certain of their surroundings and the location of workers, equipment and ground obstacles; 2. Spotters should be identified and used when possible and practical, especially when backing or maneuvering near workers on foot or other hazardous conditions; 3. All workers should be trained to avoid approaching or working near backing equipment; 4. Operators and drivers should avoid backing up unless necessary; 5. Operators and drivers must walk around their vehicle to check for hazards; 6. Operators, drivers and workers on foot should be aware of blind areas; 7. Do not cross directly in front of, immediately behind or in close proximity to large heavy equipment or truck;. 8. Communicate with an operator (verbally and/or by confirming signal) before entering any area near heavy equipment or large trucks; 9. Implement new and emerging technologies as available to include more complex collision warning systems which include collision warning systems, cameras, radars, ultrasonic sensors and radio frequency identification (RFID) systems.