Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 307667931
Citation: 01001
Citation Type: Willful
Abatement Status: X
Initial Penalty: $7,000.00
Current Penalty: $5,600.00
Issuance Date: 02/03/2006
Nr Instances: 5
Nr Exposed: 2
Abatement Date: 02/26/2006
Gravity: 10
Report ID: 0216000
Contest Date:
Final Order:
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 02/13/2006 | $5,600.00 | 02/26/2006 | Willful | |
| Penalty | Z: Issued | 02/03/2006 | $7,000.00 | 02/26/2006 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard: LIFTING
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 dumpsters: Location: 246 West Nyack Road On or about 9/23/05, a) Safety latches were not engaged to secure a 6 yard dumpster as it was being emptied into a rear load packer refuse truck. b) The safety latch on the driver's side of the rear load packer refuse truck was not operational and not repaired before dumpsters were emptied. c) A 6 yard dumpster that was overfilled was emptied into a rear load packer refuse truck without adjusting the load to ensure it did not interfere with the performance of the lifting devices. d) The employer did not ensure that employees were away from container lifting devices and containers during all phases of the operation. e) Employees were not adequately trained on what precautions to take while a rear load packer refuse truck was used to empty a 6 yard dumpster. NOTE: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19. Among other methods, feasible and acceptable abatement methods to correct this hazard are to follow the applicable operational requirements, including but not limited to 6.1.3, 6.1.5, 6.2.3.1, 6.2.4.1, 6.2.5.7.1, 6.2.5.7.2, 6.2.5.7.4, contained in ANSI Z245.1-1999 "Mobile Wastes and Recyclable Materials Collection, Transportation, and Compaction Equipment --- Safety Requirements".
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