Violation Detail
Standard Cited: 618037501 Nevada General Duty Clause
Inspection Nr: 303964795
Citation: 01001
Citation Type: Willful
Abatement Date: 05/31/2001 X
Initial Penalty: $35,000.00
Current Penalty: $21,000.00
Issuance Date: 05/11/2001
Nr Instances: 3
Nr Exposed: 3
Related Event Code (REC): A
Gravity: 10
Report ID: 0953220
Contest Date:
Final Order:
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 05/29/2001 | $21,000.00 | 05/31/2001 | Willful | |
Penalty | Z: Issued | 05/11/2001 | $35,000.00 | 05/31/2001 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard: FALLING
Nevada Revised Statute 618.375(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees: (a)The employer did not ensure that employees were properly operating and utilizing John Deere ProGator Utility Vehicles - Model 2030 - at Paradise Canyon LLC, Mesquite, NV. The employer knowingly and repeatedly allowed or caused one or more employees to be transported in the bed area of the utility vehicles, as employees were transported to and from their work locations around the golf course. The employer was aware from the operator's manual, as well as from signs on the vehicles themselves, that the manufacturer specifically prohibits persons from riding in the beds of these vehicles. On December 6, 2000 an employee was standing up in the bed of a John Deere ProGator Utility Vehicle and was being transported from the golf course back to the office. The driver of the vehicle made a sudden unannounced right turn causing the employee to lose his balance and fall out of the vehicle and onto the asphalt pavement. He landed on his head, sustaining massive head trauma. He was transported to University Medical Center in Las Vegas where he later died as a result of his injuries. Reference John Deere ProGator Utility Vehicle Operator's Manual, page 1, which states - Machine Safety Labels - Warning - Riders Can Fall Off and Be Killed - Maximum of One Person To A Seat - No Riders In Box or Anywhere Else; page 7, which states - Avoid Tipping - Accidents resulting in serious injury or death can occur from tipping the utility vehicle. Observe the following practices to help prevent accidents....Never allow riders in the cargo box or other areas where seats are not provided; and page 9, which states - Keep Riders Off Vehicle - Seating is provided for operator and one passenger. No riders are allowed in cargo box or anywhere else on vehicle. One feasible and acceptable means of abatement would be to follow the John Deere Operator's Manual and not allow riders in the Box or anywhere else.