Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 306534983
Citation: 01001
Citation Type: Repeat
Abatement Status: X
Initial Penalty: $20,000.00
Current Penalty: $6,000.00
Issuance Date: 12/10/2003
Nr Instances: 26
Nr Exposed: 20
Abatement Date: 12/28/2003
Gravity: 02
Report ID: 0111100
Contest Date:
Final Order:
Related Event Code (REC): C
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 12/19/2003 | $6,000.00 | 12/28/2003 | Repeat | |
| Penalty | Z: Issued | 12/10/2003 | $20,000.00 | 12/28/2003 | Repeat |
Text For Citation: 01 Item/Group: 001 Hazard: HEAT
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 injuries caused by the operation of defective manure trucks and not wearing seat belts: In the following instances defective manure trucks were operated; or were operated without the drivers wearing seat belts: a)Drag link (steering mechanism attached to tie rod) was loose, worn, and without grease in the joint: Truck 360. The joint had about 1 inch play; the Preventive Maintenance inspection for Truck 360 was 1 month overdue. b)Tail gate lower hooks on dump body were bent: Truck 320, on both sides of dump body, especially the passenger side. The tail gate has sprung out at employee when chain binder around tail gate was released. c)Chain hook was placed in the eye of chain binder that wrapped around tail gate. Truck 360. The chain hook should have been placed across a link in the chain not in the eye of the chain. d)A bolt was used to connect two links of two pieces of chain that was part of the binder that wrapped around tail gate: Truck 320. The bolt can cause wear of the chain links. e)Fewer leafs in front spring suspension on driver's side caused truck body to significantly lean toward drivers side. Truck 360. Condition contributed to possible roll-over hazard. f)Tie Rod of front wheel steering mechanism fell off and was broken: Truck 340. Incident caused near-miss prior to and on or about 11/3/03. Brakes defective: g)Truck 320 - Brakes were in poor condition. h)Truck 320 - Driver must pump breaks in freezing weather (possible fluid freezing or moisture in air cylinders) i)Truck 340 - Breaks operated in unsafe condition (Oil on pads; improper adjustment for significant period; brake pads and drums required replacement.) j)Air brakes were not routinely purged of moisture. All manure trucks. k)A fuel injector was leaking, which resulted in a fire hazard due to diesel fuel potentially being sprayed on a hot engine: Truck 340. The driver did not recognize this fire hazard and was not trained to recognize it. The monthly inspection did not identify this serious hazard. l)Defective seatbelt: Truck 360 - The two belts could not be latched, because they were too short. Seat belts were not worn by manure truck drivers: m)Truck 360 n)Truck 340 o)Truck 320 p)Truck 463 Note: In a previous inspection a citation was issued involving a manure truck roll-over incident. q)A horn was not installed: Truck 340 r)A hood latch was missing: Truck 320 Hole in truck floor: s)Truck 360 - Rubber seal around gear shift lever worn and missing. t)Truck 340 - Floor hole, passenger side Headlight not operational: u)Truck 360 v)Truck 463 Tail lights covered with manure causing impaired visibility: w)Truck 360 and other trucks x)A fuel tank strap was loose: Truck 340 y)Defroster not functioning adequately. Truck 340. Low fan velocity and heater core plugged preventing air movement through core. z)Snow got into the truck cab on the driver's side, probably through unsealed openings in the truck cab under the driver's side dashboard: Truck 340. aa)A mirror on the driver's side was cracked: Truck 463. Inspection defects: Defects in truck monthly inspections and 3 month PM (Preventive Maintenance) inspection and maintenance. --Tardiness in scheduling repairs. --3 month preventive maintenance inspections over 30 days overdue. --Truck 360 Preventive Maintenance inspection 1 month overdue. --Monthly inspections ineffective for parking breaks, brakes, for tail gate chains, fasteners, and latches; add to monthly inspections front end/steering wear and greasing/lubrication, loose or broken gas tank straps, holes in truck floor boards, defroster produces heat quickly. Among other methods, some feasible and acceptable abatement methods to correct these hazards are to: 1) Replace and repair defective parts and equipment promptly, 2)Schedule repairs promptly after defects are reported by the monthly check list inspections and the 3 month PM (Preventive Maintenance) inspections. 3)Assure that PM inspections are timely and keep to the 3 month interval, rather than going 4 months or longer between PM inspections. 4)Train drivers in how to identify defects that are inspected items on the monthly check list and the items a) through z) cited above. 5)Provide a written method for drivers to report truck problems and defects, such as a work order tag or checklist similar to the monthly check list. Provide this reporting method in English and Spanish. 6)Have the Safety Manager spot check the accuracy of the monthly checklist inspections and the three month PM inspections. 7)Have the garage manager confirm that lubrication is actually performed. This includes steering mechanisms and other chassis grease fittings. 8)Increase the frequency of the monthly inspections to every 15 days to permit repairs to be scheduled promptly. 9)Have the monthly inspections include actually checking the functioning of the parking break by trying to move the truck while that parking break is in place. 10)Improve the quality and detail of monthly truck inspections. All the cited items, a) through z) above could have been identified by a through inspection of steering and front end (Items a), e), f); items b), c), d) involving tail gate chains and latches; items g), h), i), j) involving brakes; k) a fuel leak on engine, item l) regarding seat belts, and items q), r), s), w), y) regarding the truck body and holes in the cab, including the floor; and items r), s) regarding horn and lights. Item p) the horn missing was due to the lack of a prompt repair schedule. Items that should be part of the monthly inspections include front end and steering greasing and lubrication, loose or broken gas tank straps, holes in truck floor boards, and improved detail in inspecting wear and functioning of binder chains and fasteners. 11)Develop a truck cleaning schedule for brake, tail, and back-up lights. Develop a cleaning schedule for the truck body to prevent corrosion from the manure and to help prevent floor holes. 12)Require and enforce the use of seat belts. First Repeat Violation: Your company was previously cited for truck defects in a Repeat violation of Section 5(a)(1) of the Act, in OSHA Inspection Number 303787212, Citation 3 Repeat, Item 1 issued on June 6, 2002. This inspection became a final order on July 28, 2003 with the signing of a formal settlement agreement. Initial Serious Violation: Your company was initially cited for truck defects in a serious violation of Section 5(a)(1) of the Act, in OSHA Inspection Number 300304987, Citation Number 1, Item Number 1, issued on November 30, 2000. This inspection became a final order on December 12, 2000 with the signing of an informal settlement agreement.
Translate