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 an excavator: Location: Harris Park Bronx NY On or about 5/14/08, a) A means to prevent employees from entering the swing radius of an excavator was not provided. Among other methods, one feasible and acceptable means to correct the hazard is to comply with the Association of Equipment Manufacturers (AEM) for Hydraulic Excavators which states: "Before starting to excavate, set up safety barriers to the sides and rear area of your swing pattern to prevent anyone from walking into the working area." 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.