Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1621343.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $10,360.00
Current Penalty: $9,000.00
Issuance Date: 11/30/2022
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 12/27/2022
Gravity: 5
Report ID: 0728900
Contest Date:
Final Order: 12/15/2022
Related Event Code (REC): P
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 12/15/2022 | $9,000.00 | 12/27/2022 | Serious | |
| Penalty | Z: Issued | 11/30/2022 | $10,360.00 | 12/27/2022 | 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 to employees. The employer is failing to protect employees from drowning and crushing hazards associated with the rollover of a riding lawnmower while operating a Hustler Super Z EFI Zero-turn mower. This was most recently observed at 14100 Crawford St. (Headquarters Building), Boy's Town, NE 68010, on September 9th, 2022, where the employer has employees conducting mowing operations on a zero-turn mower adjacent to a lake. Instances of exposure include but are not limited to: i. Employees operating the zero-turn mower on inclines greater than 15 degrees adjacent to a lake. ii. Employees operating the zero-turn lawnmower without the protection of the rollover protective structure (ROPS) while mowing on an incline. FEASIBLE AND ACCEPTABLE ABATEMENT METHODs TO CORRECT THIS HAZARD INCLUDE BUT ARE NOT LIMITED TO a. Ensure operators follow the operator's manual Page 2-3; Safety precautions - "Mow a safe distance) minimum of 10 feet away from drop-offs, retaining walls, drainage ditches, embankments, water, and other types of hazards to avoid a wheel dropping over the edge or to avoid the ground from breaking away b. Ensure zero turn lawnmowers are not operated on slopes exceeding the manufacturer's recommendation of 15 degrees as found on page 2-3 of the operator's manual. c. Develop and implement a written lawnmowing training program that incorporates the operator's manual for each type of mower in formal instruction, hands on demonstration and culminates with knowledge checks in the form of written tests/quizzes and a hands-on drivers test. d. Conduct a hazard assessment with risk mitigation measures of the property areas that are to be mowed to include but not limited to: evaluating and identifying potentially hazardous conditions such as slopes, high motor traffic areas, pedestrian walk areas and water hazards. e. Implement physical markers i.e. "Warning/Danger" signs throughout the property for areas identified as hazardous per item d above. f. Establish and implement unannounced work site safety inspection to ensure all operators are following established safety procedures.
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