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 that were free from recognized hazards and were causing or likely to cause death or serious physical harm to employees: On or about December 4, 2023, at a job site located at 1015 East 1st Street, Tonganoxie, Kansas, the employer exposed employees to the recognized crush and struck-by hazard posed from carrying an unsecured load on the forks of a Komatsu wheel loader. A spreader bar which is a rigging attachment for the wheel loader is placed on the forks of the wheel loader to lift and rotate concrete forms weighing between 800 and 1000 pounds. The employer failed to secure the spreader bar to the forks of the loader as recommended by the manufacturer. On December 4, the employer used the loader and spreader bar to lift a concrete form, the form rotated 180 degrees causing it and the spreader bar to come loose from the forks, striking an employee and (causing bodily injuries[broken leg/fractured rib/bruised lung). Among other methods, feasible and acceptable methods include: 1. Follow the spreader bar manufacturer's instructions to Secure the spreader bar to the Komatsu Wheel Loader frame or mast as recommended by the Peerless Industrial Group Owner's manual for below-the-hook BTH lifting devices and Material Handling Equipment. "3.3.3 Ensure that the below-the-hook BTH device is properly installed in the lifting equipment or rigging equipment. (Page 3)" "4.2 Make sure the unit is securely attached to a suitable support before applying load. Warn personnel before approaching, lifting, or moving a load. (Page 4)" 2. Implement a safe and effective procedure for using the loader and concrete forms to eliminate the hazard employees involved in the process will be struck or crushed by the forms. The procedure should specifically address where employees on the ground are located while the forms are being lifted, moved, and rotated and ensure that they are in a safe location should the forms become detached from the loader. 3. Provide training to employees using the loader and involved in the use of the concrete forms in the safe process for using the loader and forms, including ensuring they understand the dangers of failing to follow the procedures. 4. Ensure loader operators read and comply with the contents of the operating manual, specifically the provision in 3.5.4 requiring operators to read and become familiar with section 4- operator/use of BTH. Improper operation of a BTH device can create a potentially hazardous situation which, if avoided, could result in death or serious injury. To avoid such a potentially hazardous situation the operator shall warn personnel before lifting or moving a load.