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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 307665117
Citation: 01001
Citation Type: Other
Abatement Status: X
Initial Penalty: $875.00
Current Penalty: $437.50
Issuance Date: 08/29/2005
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 09/02/2005
Gravity: 03
Report ID: 0216000
Contest Date: 09/22/2005
Final Order: 03/08/2006
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 03/08/2006 | $437.50 | 09/02/2005 | Other | |
| Penalty | Z: Issued | 08/29/2005 | $875.00 | 09/02/2005 | Serious |
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 the hazard of being crushed: Location: 5729 Highland Ave., Cortlandt, NY 10521 On or about: 4/26/05 a) Employees operate earth moving equipment including, but not limited to, a John Deere articulated truck, model# 300C, while not wearing a seat belt. The employer did not ensure seat belts were used by employees. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO CORRECT THE HAZARD IS: (1) Ensure employees follow the operator general precaution listed in the, Society of Automotive Engineers Off-Highway Machinery Practice (SAE J153 1987), section 4.2, which states 'Wear the seat belt to maximize the protection capability of a ROPS (Roll Over Protective Structure) when the machine is so equipped.'. Further, ensure employees follow the safety sign located on the inside of the vehicle that states 'USE SEAT BELT' and has an accompanying pictograph. 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.