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

OSH ACT of 1970 Section (5)(a)(1): The employer does not furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees in that employees are routinely exposed to fall hazards: (a) DBS Inc. d/b/a Colorado Structural Repair, 4500 East Meadow Drive, Vail, CO 81657: (Building 3, southeast trench): The employer routinely creates a hazard by using an excavator to remove employees from trenches, as demonstrated on or before June 21, 2023, and at times prior, when employees were exposed to fall hazards of approximately 10' 2" while using a Bobcat E26 Compact Excavator Serial #B4S913146 as a means of access and egress into an unprotected trench. Among other methods, feasible and acceptable abatement methods to correct this hazard are as follows: 1) Follow the Bobcat safety manual which warns: "Never let anyone ride on the work equipment or other attachments. There is a hazard of falling and suffering serious injury." 2) Follow the association of equipment manufacturers (AEM) safety manual for operating and maintenance personnel-Hydraulic excavator dated 02/03, which states on page 20 "Warning: Never use a bucket for a work platform or personnel carrier. 3) Follow NIOSH Publication No. 2004-107 ,"Preventing Injuries When Working with Hydraulic Excavator, and Backhoe Loaders" which states, "Never permit workers to ride in or work from excavator or backhoe loader buckets."