Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 306371147
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $4,900.00
Current Penalty: $3,250.00
Issuance Date: 09/08/2003
Nr Instances: 4
Nr Exposed: 4
Abatement Date: 09/17/2003
Gravity: 10
Report ID: 0830500
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 | 09/22/2003 | $3,250.00 | 09/17/2003 | Serious | |
| Penalty | Z: Issued | 09/08/2003 | $4,900.00 | 09/17/2003 | 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 a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck by hazards: (a)Cutler Repaving, Inc. at 4505 South Yosemite Street, Denver, Colorado 80237: On or before 07/14/03, the employer did not ensure that two employees marking manholes were not exposed to the hazard of being struck by dump trucks. The employer did not assign responsibility to direct and guide trucks backing up to the repaving machine, nor with the responsibility to keep all workers clear of trucks while backing up. As a result, an employee marking a manhole was fatally struck by a dump truck when it was backing up. In addition, flaggers did not clear out of the path of dump trucks before the trucks started to back up. Condition exposed employees to the hazard of being struck by trucks. Abatement Note: Abatement certification and documentation are required for this item (See enclosed "Sample Abatement-Certification Letter"). Among other methods, one feasible and acceptable abatement method can be found in the American National Standards Institute A10-17 Section 3.3.1, which provides that, "Trucks that must back to the spreader or paver to discharge their loads shall be directed by a guideperson positioned well within view of the driver of the truck." In addition, Section 3.3.1.3 provides that, "The guideperson shall keep all workers and other personnel clear of all backing vehicles." Finally, Section 3.3.1.1 provides that, "The guideperson shall not stand in the path of the traffic stream."
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