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 are exposed to struck by and caught between hazards associated with operating powered industrial trucks while not utilizing the safety equipment provided. The employer is failing to protect the employees from potential caught between and struck by hazards associated with operating equipment without affected employee training. The most recent example of this was found at the facility located at 5200 Highway 35 & IBP Ave, Dakota City, NE 68731 where the employer has employees using a Bobcat with a bucket as a means to remove snow around the company property without providing effective training thus creating a work environment where employees are exposed to hazards they are unable to recognize, as a result an employee was in an accident with a train. One or more feasible abatement methods: (a) The company shall develop a training program for operators prior to operating the equipment that shall include what training prerequisites an operator must have to include but not limited to: i. Operating equipment in various weather conditions. ii. Operating equipment in highly congested areas. iii. Operating equipment near hazardous locations ie. railroad tracks iv. Maintenance inspections prior to placing the equipment in operation. v. Hazard recognition specific to equipment operations. vi. Use of equipment operators manual. (b) The employer shall conduct a JHA of work that is not normally conducted within the scope of the maintenance employees duties and determine that if under specific circumstances some operations such as this may have benefited from having a dismounted observer providing over watch as the employee operated the bobcat near the rail road tracks. Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.