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

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 exposed to: On or about September 23, 2000, on highway I-90: Employees were exposed to the hazards of performing short-term stationary maintenance work without wearing a reflective vest. This was not in accordance with the acceptable requirements of the Manual on Uniform Traffic Control Devices (1988 edition of MUTCD; subsequently revised and issued in 1995), and the American National Standard for High-Visibility Safety Apparel (ANSI/ISEA 107-1999). The above condition existed 09/23/00 on highway I-90, when an employee of TA Travel Center was hit by a civilian truck while he was repairing an airline on a downed tractor trailer. The employee was not wearing a reflective vest. He was injured while walking on the left side of the shoulder, adjacent to the parked tractor trailer (without a protective buffer zone). Among other methods, feasible and acceptable abatement methods to correct this hazard would be to: a) provide reflective vests to employees for repairs on local streets and highways that are in accordance with the most current American National Standard, ANSI/ISEA 107-1999; b) ensure that a variety of arrow displays, signs, reflective devices, and other approved protective devices are used to provide a buffer zone and shoulder taper for maintenance workers per the current MUTCD. IN THE ALTERNATIVE: 29 CFR 1910.132(a): The employer did not ensure that personal protective equipment was provided, used, and maintained whenever it is necessary by reason of hazards of processes or environment encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.