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 October 11, 2024 at a worksite located at 5301-5375 S. K-23 Highway in Hoxie, Kansas an employee was exposed to struck-by hazards during site clearing work. An employee used a Caterpillar 330D L hydraulic excavator to push over trees along a fence line. The employee suffered fatal injuries when a branch that measured approximately 12 inches in diameter and measured approximately 25 feet in length broke from the tree and entered the operator cab. Among other methods, feasible and acceptable means of hazard abatement include, but are not limited to: 1. Follow manufacturer recommendations found in the Caterpillar 330D L hydraulic excavator Operations and Maintenance Manual (pages 30-31) and install suitable protective guarding when required for protection from flying and/or falling objects. 2. Follow guidance for excavator cab protection as established by ISO 10262:1998 section 4.1 that states: The operator station shall be equipped accordingly with respect to the use of the machine and against risk of falling and/or approaching objects, with one of the following arrangements: - a top guard providing protection from falling objects; - a front guard providing protection from objects that approach from the front; - a combination of top and front guarding. 3. Before operation of any heavy equipment, each employee will receive adequate instruction on safe/proper operation prior to their allowance to operate it. When the employees expected to operate heavy equipment possess training and past work experience on that equipment, perform an evaluation to ensure the employee possesses appropriate knowledge in safe/proper operation prior to operating it.