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 that were exposed to struck by and crushing hazards while working within the swing radius of an excavator. a) Eastern Branch Lynnhaven River: On or about January 9, 2025, the employer used a Link Belt 250X4 LF hydraulic excavator located on a transfer barge during a dredging operation. An employee was performing work on the transfer barge within the swing radius of the excavator after climbing over a physical barrier out of the sight of and without communicating with the operator who had last need the employee in a safe position on a different vessel. The employee entered the swing radius of the excavator without the knowledge of the machine operator, exposing the employee to struck by and crushing hazards. Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.