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 an employee was exposed to a struck-by hazard involving the swing radius of an excavator: (a)J & J Earthworks, Inc. at 301 31st Southeast, Watertown, SD 57201: On or about and at times prior to July 25, 2023, the employer did not ensure an employee was protected from struck-by and crushing injuries involving the swing radius of an excavator. On July 25, 2023, a mechanic standing on the catwalk of a Caterpillar 966M front-end Loader was providing hand signals to an excavator operator attempting to dig around a loader that was stuck. During the process, the Caterpillar 349E bucket struck the employee on the front-end loader causing fatal injuries. The employer had not fully implemented policies and procedures involving employees working in the swing radius of excavators. This condition exposed an employee to struck-by hazards and crushing injuries associated with being in the danger zone of the swing radius of the excavator. Abatement Note: Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow all Caterpillar manufacturer's instructions involving swing radius hazards, as well as adhering to the Association of Equipment Manufacturers ("AEM") Safety Manual for Hydraulic Excavators to ensure that all excavator operators are trained to recognize the danger zone presented by the swing radius and to take effective measures to eliminate those hazards. One key principle to safe operations is found on page 23, "Look Out for Others." Before starting, walk completely around the machine operating area including the machine's attachments. Make sure no one is under it, on it or close to it. Sound the horn and let other workers and bystanders know you are starting the engine. Do not start up until everyone is clear of the operating area. Additionally, found on page 32 of the safety manual, it identifies before starting to excavate, set up safety barriers to the sides and rear of the area of the swing pattern to prevent anyone from walking into the working area.