Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 306960436
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $1,500.00
Current Penalty: $720.00
Issuance Date: 09/09/2004
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 08/31/2005
Gravity: 03
Report ID: 0317500
Contest Date: 09/24/2004
Final Order: 09/26/2005
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 09/26/2005 | $720.00 | 08/31/2005 | Serious | |
| Penalty | Z: Issued | 09/09/2004 | $1,500.00 | 09/17/2004 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: UNAPOPPROC
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 operate powered industrial trucks without utilizing the operator restraining devices (seat belts) provided in the trucks: a) The employer does not furnish employment and a place of employment that is free from recognized hazards that are causing or likely to cause death or serious physical harm to employees. This is evident by the fact that on or about 04/07/2004 and 06/24/2004, employees in the Paint Shop were observed operating a powered industrial truck without using the personal restraining device (seat belt) supplied/installed by the manufacturer. The proper use of this device would protect the employee from death or serious injury in the event the powered industrial truck would tip or roll over. To abate this violation, the employer must ensure all employees operating powered industrial trucks use the personal restraining devices supplied/installed by the manufacturer. Date By Which This Violation Must Be Abated: Pursuant to 29 CFR 1903.19(c) and (d), the employer must provide documentation that this violation has been abated within 10 calendar days of the abatement date. Abatement Note: Among other methods, one feasible and acceptable abatement method is to: (a) Install/reinstall operator restraining devices (seat belts) to stabilize and protect the operator in the event of a rollover. (b) Train/retrain employees in accordance with ASME/ANSI B56.1-2000, consensus Safety Standards for Powered Industrial Trucks. (c) Ensure employees utilize the seat belts.e
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