Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employmnent 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 employees were exposed to the hazard of falling off a the bed of a moving truck: Employees working to remove scrap roofing materials from the roof of building to a scrap dumpster were subject to the hazard of "falling from an elevated position", "falling from a moving vehicle", and/or being "struck by" when they fell from a moving vehicle. The employer failed to ensure that employees utilize appropriate and available means for transporting passengers. The potential for "falling from an elevated position" and "falling from a moving vehicle" was demonstrated by the following instance: On or about July 24th, 2000, an employee fell from a moving stake bed truck where he was riding on the top of a load of roofing scrap. Among other methods, recognized means of abatement include, but are not limited to: a) Extend the company's existing (written) rule of not riding in the open bed of a pickup unless sitting on the floor to include "any vehicle under any load or non-load conditions". b) Emphasize and enforce the disciplinary consequences of failing to comply with the company safety program. c) Establish and instruct employees on a chain of command to be automatically in effect in the event of the unexpected or planned absence of an authority figure from the work area, and stress the continum of the disciplinary action consequences for the next in command.