Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 303862973
Citation: 01001
Citation Type: Serious
Abatement Date: 09/23/2001 X
Initial Penalty: $1,500.00
Current Penalty: $1,500.00
Issuance Date: 09/05/2001
Nr Instances: 3
Nr Exposed: 3
Related Event Code (REC):
Gravity: 10
Report ID: 0523300
Contest Date:
Final Order:
Emphasis:
Text For Citation: 01 Item/Group: 001 Hazard: LACKTRAIN
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 in that employees were exposed to crushing injuries from falling trucks while riding on the running boards to avoid walking to the worksite: On or about June 4, 2001, W8421 Shorewood Meadow Circle in Lake Mills, WI - While getting ready to back down a driveway, two employees of Feuling Concrete Construction (FCC), jumped onto the driver's side running boards of a Sun Prairie Concrete S-Series Truck to avoid walking to the work site. About a third of the way down the driveway, the truck tipped over towards the driver's side, denting the concrete barrel and crushing an employee, while the other laborer of FCC was able to avoid the falling truck. After being flown to the University of Wisconsin Hospital, the victim was pronounced dead at 12:08pm of 6/4/01. Feuling Concrete Construction did not adequately train its employees in that unauthorized employees rode the side of a S-Series concrete truck. IN THE ALTERNATIVE: 29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate and hazards or other exposure to illness or injury. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO CORRECT THIS HAZARD WOULD BE TO: 1. Follow the Driver's Manual handed to Sun Prairie Concrete drivers which addresses riding on concrete trucks. Issued by the National Ready Mixed Concrete Association (NRMCA), Safety Rule #22 on page 15 states, "Only authorized personnel may ride on any equipment and then only inside the cab." 2. Provide appropriate transportation to the work site if necessary.