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 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 the hazard of being struck by loads being handled by an excavator: Location: 94 Grove Avenue New Rochelle NY On or about 3/14/05, a) Employees were permitted to work underneath loads handled by a CAT 322 excavator. NOTE: Because abatement of this violation is already documented in the inspection case file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19. Among other methods, feasible and acceptable abatement methods to correct this hazard are: 1. Prohibit employees to walk or work under any part of the machine or load while the machine is operating 2. Follow the Construction Industry Manufacturers Association (CIMA) recommendations for safe operating procedures contained in their manual, " Safety Manual for Users, Operators and Maintenance Personnel - Hydraulic Excavator".