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

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 crushing injuries: (a) On the 03 August, 2004 at Port of Port Arthur, Port Arthur Texas. An employees started a Case 580D Backhoe from the outside on the right of the backhoe. The backhoe engaged to full throttle dragging the employee and causing the right rear tire to run over the employees crushing his upper body. Among other methods, one feasible and acceptable abatement method is to: prohibit employees from operating when not seated in the backhoe.(a) The Equipment Manufacturers Institute (EMI) on Backhoe / Loader, Copyright-1975 EMI rev 2/89 states when starting the engine ( Pg 18). (b)ADHERE TO WARNING POSTED ON MACHINE. 1.Sit in the operator's seat and adjust the seat so you can operate all the controls properly. 2.Fasten the seat belt/ operators restraint 3.Familiarize yourself with the warning devices, gauges and operating controls 4.Engage the parking brake and put all controls in neutral/park position 5.Start the engine. WARNING: START THE ENGINE FROM THE OPERATOR'S SEAT ONLY, NEVER ATTEMPT TO START THE ENGINE BY SHORTING ACROSS TERMINALS-the machine will start in gear if neutral -start circuitry is bypassed. This could cause the machine to move suddenly and cause serious injury or death to anyone in its path Disclaimers: 1. You are not limited to the abatement methods suggested above. 2. The methods explained are general and maybe not effective in all cases 3. The employer is responsible for selecting and carrying out appropriate methods