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

NYSLL Article 2, Section 27-a.3.a(1): The employer did not furnish to each of its employees, employment and a place of employment which was free from recognized hazards that are causing or were likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees. In applying this paragraph, fundamental distinctions between private and public employment has been recognized. a)Toll Clerks, during the performance of their assigned daily work duties, are exposed to the safety hazard of impact with moving motor vehicles while moving across lanes of Thruway traffic to access control building or toll booths without adequate engineering controls which will assure that employees crossing lanes have the ability to effectively and positively control traffic in the lane being crossed without having to rely on other employees to assure safe crossing conditions and limits the inherent possibility of human error and without adequate training on provided controls. Employee exposure to this hazard may result in skeletal injuries, contusions, other physical harm and death. Reasonable and adequate methods to abate this hazard may include but are not limited to: Intercoms or other communication devises which allow direct communication between the crossing employee and the collector in charge of the lane which provides the crossing employee the ability to communicate the intention to cross and allows the crossing employee to verify that traffic has been stopped by the lane collector accompanied with a specific written protocol to be followed which clearly places the crossing employee in charge of assuring their own safety. Positive and effective traffic control devises such as gates or barriers which can be activated by crossing employees and remain under the control of crossing employees and alert lane collectors and motorist that traffic is being stopped. Effective procedures to be followed by employees in the use of selected engineering controls in assuring their own safety while crossing traffic lanes, Employee training in these procedures and monitoring to assure their continued effectiveness. Develop and enforce written rules contained in the Patrons EZ Pass License Agreement Terms: Conditions for non-commercial and driver information sheet: and Commercial EZ Pass Accounts for Commercial Customer. Include information pertinent to employee lane crossing safety for patron awareness.