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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311281950
Citation: 01001
Citation Type: Serious
Abatement Status: I
Initial Penalty: $1,500.00
Current Penalty:
Issuance Date: 08/18/2008
Nr Instances: 2
Nr Exposed: 1
Abatement Date: 08/21/2008
Gravity: 10
Report ID: 0216000
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 08/18/2008 | 08/21/2008 | Serious | ||
| Penalty | Z: Issued | 08/18/2008 | $1,500.00 | 08/21/2008 | 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 struck by/crushing hazards during tree trimming operations: Location: 3388 Wildwood St Yorktown HGTS NY 10598 On or about 2/20/08, a) An employee was working in a tree cutting a vertical tree limb 11 inches in diameter. During the cutting operation, the employee suffered fatal injuries when the section of the tree limb he was cutting broke loose and fell onto the employee, striking him in the torso. "Among other methods, one feasible and acceptable abatement method to correct this hazard is for the employer to use notches on all trees and trunks greater than 5 inches in diameter, and to make notches and back cuts at a height that enables the chain-saw operator to safely begin the cut, control the tree, and have the freedom of movement for escape, in accordance with section 8.5.14 - 8.5.19, Tree Removal, found in ANSI Z133.1- 2006, Safety Requirements for Arboricultural Operations. 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.