Text For Citation: 01 Item/Group: 001 Hazard: FALLING

Section 5(a)(1): of the Occupational Safety and Health Act of 1970: 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 in that employees were expose to: The hazard of falling out of the cab, employee was observed riding inside the cab, which was not designed nor equipped to transport passengers. No seat or seat belts provided for any one other than the driver. Location: New Rochelle Center, LeCourt Street side of the Center ON or ABOUT: 01/26/99 a) Employee was exposed to the hazards of falling out of the cab of the Caterpillar 416 B backhoe, while being transported in an unsafe manner. Employee was riding in the cab of a moving Caterpillar which was moving along the street from one work location to another. AMONG OTHER METHODS ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHODS TO CORRECT THIS HAZARD IS: (1) Prohibit employees from riding in the cab with the operator at any time for any reason. (2) To develop, implement and enforce a comprehensive safety program that includes a provision that prohibits passenger travel on earth moving equipment unless the equipment is designed for such utilization. (3)FIEI safety manual (Farm and Industrial Equipment Institute), for operators and mechanics for Backhoe/Loader, page 21 states: WARNING: YOUR BACKHOE/LOADER IS A ONE PERSON MACHINE NEVER PERMIT RIDERS. NOTE: Because abatement of this violation is already documented in the inspection case file, the employer need not submit certification or documentation of abatement of this violation as normally required by 29 CFR 1903.19.