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. On or about July 19, 2023, employees of Wenger Construction & Excavating LLC, performing work at 2876 County Road 210 Fremont OH 43420, were exposed to struck-by and/or crushing hazards while working near and around the Link-Belt LBX Excavator Model# 130LX S/N# K1J5-0012. The employer did not ensure safe working conditions when operating the excavator in reverse. Among other methods, one feasible and acceptable means of abatement would be to; 1.) Follow the Association of Equipment Manufacturers (AEM) for the Hydraulic Excavator and identify the location of other personnel and machines; clean windshields to maintain clear vision; set up safety barriers to the sides and rear of the excavator's swing patterns to prevent anyone from walking into the working area; and do not allow anyone to stand within the operating work radius of the machine. 2.) Follow the operators manual for the Link-Belt LBX Excavator (Model: 130LX - S/N: K1J5-0012), and ensure that all windows are clean, be alert and always know the location of workers in your area, keep all other persons completely away from your machine, before undertaking any operation make sure the rear view mirror is clean and properly adjusted. 3.) Follow the requirements listed in 29 CFR 1926.602 and ensure that the excavator is equipped with a functioning travel indicator alarm when the machine is traveling in reverse gear. 4.) Develop a Standard Operating Procedure, and provide training to employees, specific to operations when the excavator is traveling in reverse gear including requirements for the spotter and its requirements to inform the operator and workers onsite of any and all hazards associated with working near and around excavators and other heavy equipment onsite. This policy must provide for identifying safe location where the spotters could observe the machine, operation, workers onsite and provide hand signals, or verbal instructions to the operator or use telecommunication devices (e.g. two-way radio, telephone, etc.). Provide and ensure that the spotter wear high-visibility safety apparel that meets and is labeled with the Performance Class 3 ANSI/ISEA 107-2004.