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 the dumbwaiter: (a)On or about August 09, 2005, at the Travelodge at the Falls, Branson, MO, a maintenance employee was fatally injured while attempting to repair a dumbwaiter that had become stuck between the 2nd and 3rd floors of Building 1. According to the Missouri Division of Fire Safety, Elevator Safety Unit inspector, the dumbwaiter was not constructed to meet the ASME A17.1 code for this type of equipment. The inspector stated in the incident report that the dumbwaiter became lodged in the shaft by one of the roller guides on the lift. The lift dropped when it was dislodged by the employee because the motor continued to turn allowing the cable to become slack and wind off the drum in the pit after the lift got lodged in the shaft. While ultimate responsibility for correcting this hazard rests with the employer, feasible and acceptable methods to correct this hazard, among others, include: (1)Ensuring that the dumbwaiter remains out of service. The employer stated that the dumbwaiter was permanently taken out of service after the accident. If the dumbwaiter is placed back in service, then the following feasible and acceptable methods to correct this hazard, among others, would include: (a)Ensuring that existing dumbwaiters meet the requirements of the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1971, Part VII, Hand and Power Dumbwaiters. (b)Conducting routine and periodic inspections of the dumbwaiters as specified by the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1971, Part X, Routine, Periodic, and Acceptance Inspections and Tests. Abatement Note: Abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.