Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1777003.015
Citation: 01001
Citation Type: Serious
Abatement Date: 03/21/2025
Initial Penalty: $11,823.00
Current Penalty: $11,823.00
Issuance Date: 02/25/2025
Nr Instances: 1
Nr Exposed: 4
Related Event Code (REC): A
Gravity: 5
Report ID: 0729700
Contest Date: 03/21/2025
Final Order:
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | C: Contested | 03/25/2025 | $11,823.00 | 03/21/2025 | Serious | |
Penalty | Z: Issued | 02/25/2025 | $11,823.00 | 03/21/2025 | 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: On or about September 19, 2024, at a worksite located at 2224 12th Road Southeast, Le Roy, Kansas, the employer exposed employees to struck-by and crushing hazards associated with securing a heavy, awkwardly-shaped load. The employer used two steel chains with two steel chain binder ratchets to secure an 8-foot-wide, 6000-pound steel auger at the rear of a lowboy trailer. The foreman and three employees placed the steel chains over the auger load in an "X" pattern and tightened with steel chain binder ratchets. While adjusting the steel chains underneath the 8-foot-wide, 6000-pound steel auger, the auger twisted and shifted, causing the auger to fatally strike and crush the foreman in the head and chest area. Feasible and acceptable abatement methods include: ? Assign clear roles and responsibilities among team members before loading equipment. This should include assigning one individual as the equipment operator, a spotter to guide and direct the operator, and extra hands to secure the load. ? Create specific procedures and policies for securing heavy equipment loads following Federal Motor Carrier Safety Administration (FMCSA) regulations and the equipment manufacturer's guidelines such as: o Firmly immobilize or secure cargo on or within a vehicle by structures of adequate strength, dunnage (loose materials used to support and protect cargo), or dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle), shoring bars, tie-downs or a combination of these. o Articles of cargo must be lowered onto suitable blocking, chocks or wedges used, and/or cargo placed in a cradle or other equivalent means, to prevent cargo movement when slings are released. o Articles of cargo that are likely to roll through the use of chocks, wedges, a cradle, or other equivalent means to prevent rolling. o Make sure the ramp and trailer are clear of dirt, debris, and any potential hazards to ensure optimal equipment traction when loading; this will reduce accidents by providing better traction to help support safe loading procedures. o Select an unobstructed area for loading equipment safely and efficiently, to help ensure an accident-free experience and minimize risks. This will also minimize potential injuries during this process. o Properly secure equipment according to state regulations by employing enough tie-down points and chains as specified for its transportation. o Thoroughly inspect the equipment, checking for any loose parts or leaks that could pose a risk during transport. It's also important to clean the machinery, as dirt and debris can obscure safety features or inspection points. o Follow the manufacturer's guidance for securing points and weight distribution to avoid overloading one side of the trailer. The equipment should be loaded in a way that maintains the trailer's balance and adheres to axle weight limits, minimizing the risk of tipping or loss of control during transport. o Use ample and appropriate securing devices by ensuring the capacity of the devices matches or exceeds the weight of the equipment being secured. o Choose appropriate attachment points by attaching securing devices to the correct points on the machinery. Use the designated attachment points following the manufacturer's guidance that are designed to hold the equipment securely without causing damage. o Ensure all employees never get under any part of the cargo and stay clear of cargo when adjusting or tightening chains for securement. ? Train employees on procedures and policies for securing heavy and/or irregular loads. ? Conduct unannounced audits to determine if loading and securing policies and procedures are followed. ? Develop and enforce a disciplinary action plan addressing actions that violate policies and procedures related to safety and health.