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 struck-by, caught-between, and crush hazards: A.) Construction Site - Sams Club Expansion --- 7200 Peach Street Summit Town Center/Erie, PA --- Front/Northerly Side of the Site Adjacent to Staples: On or about November 20, 2006 ==== The accessible areas within the swing radius of the Case Excavator were not barricaded by any devices in such a manner as to prevent employees from being struck-by, caught-between, and/or crushed by the excavator's superstructure, other excavator components (e.g. boom), and pinch-points. Pinch-points were created in the area between the excavator and stationary objects. These objects included but were not limited to stacked rows of construction materials and the dump trucks that were parked behind and loaded by the excavator. Abatement Note: Among other methods, feasible and acceptable means to correct the conditions noted above include: (1) Utilizing devices such as caution tape, flagged rope, stanchions, and saw horses to barricade the swing radius. (2) Complying with the requirements outlined by the Equipment Manufactures Institute -Hydraulic Excavator Safety Manual --- The manual states "Warning" Before starting to excavate, set-up safety barriers along the sides and rear of the swing pattern to prevent anyone from walking into the working area.