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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 304380090
Citation: 01001
Citation Type: Serious
Abatement Status: I
Initial Penalty: $600.00
Current Penalty: $325.00
Issuance Date: 05/15/2002
Nr Instances: 3
Nr Exposed: 1
Abatement Date: 05/20/2002
Gravity: 02
Report ID: 0216000
Contest Date:
Final Order:
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 06/04/2002 | $325.00 | 05/20/2002 | Serious | |
| Penalty | Z: Issued | 05/15/2002 | $600.00 | 05/20/2002 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment which were free from recognized hazards that were likely to cause death of serious physical harm in that employees were exposed to the hazard of being struck by a tree and/or stump with roots: Location: 26 Elizabeth Street Greenburgh, NY 10530 a) The Mustang Skid Loader MBH9H Backhoe was not operated according to how it was designed as specified in the operator's manual. The operator of the backhoe machine was operating the backhoe to pull and transport a tree stump with roots from an excavated area with the bucket, on or about 3/5/02. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO CORRECT THE HAZARD IS TO: 1) Ensure Mustang Skid Steer Loader MBH9H Backhoe is used in accordance with the manufacturers operator's manual. 2) Develop and implement safe operating procedures for the removal of tree stumps such as cutting a tree stump and roots with a chainsaw and manually or use the backhoe to transport materials to the staging area. NOTE: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.ce