Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1612098.015
Citation: 01001
Citation Type: Willful
Abatement Date: 10/26/2022 2
Initial Penalty: $29,005.00
Current Penalty: $21,000.00
Issuance Date: 10/20/2022
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC): A
Gravity: 10
Report ID: 0830300
Contest Date:
Final Order: 11/15/2022
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 11/15/2022 | $21,000.00 | 10/26/2022 | Willful | |
Penalty | Z: Issued | 10/20/2022 | $29,005.00 | 10/26/2022 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard:
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 crushing hazards: (a) On or about July 26, 2022, and times prior to, employees were exposed to crushing hazards when using a zero turn lawn mower on a sloped embankment without the Roll Over Protection Structures (ROPS) in the upright and locked position in the vicinity of the Southeast ditch of County Road 66 and 134th Avenue Northeast near Crystal, North Dakota. Among other methods, one feasible and acceptable method to correct this hazard is to: (1) Follow the Hustler Super Z HD Operator's Manual. (2) ANSI/OPEI B71.1-2017 for Consumer Turf Care Equipment (3) ANSI/OPEI B71.4-2017 for Commercial Turf Care Equipment Safety Specifications (4) Provide training program to address working near slopes, how and when to use ROPS and seatbelts. (5) Conduct a hazard assessment to determine areas that are on or near slopes that are greater than 15 degrees and develop alternate safe working practices that mitigate the risk. (6) Ensure that the roll over protection structure (ROPS) is in the up position as required on (7) Ensure employees read and understand the Operator's Manual prior to operating the riding lawnmower. (8) Establish safety rules in alignment with the manufacturer's operations manual and ANSI Guidelines. (9) Establish and implement unannounced safety audits to ensure all operators are following established safety procedures. (10) Develop methods to monitor and to ensure that the established safety rules are enforced.