Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311610125
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $4,000.00
Current Penalty: $3,000.00
Issuance Date: 11/30/2009
Nr Instances: 4
Nr Exposed: 12
Abatement Date: 12/30/2009
Gravity: 10
Report ID: 0524700
Contest Date: 12/20/2009
Final Order: 11/25/2011
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 11/25/2011 | $3,000.00 | 12/30/2009 | Serious | |
| Penalty | Z: Issued | 11/30/2009 | $4,000.00 | 12/30/2009 | Serious |
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 safety devices such as backup alarms, windshield wipers, access steps, horns, and safety bars on the industrial vehicles such as skid steers and front end loaders were malfunctioning or broken exposing operators to struck-by hazards: a.Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about July 20, 2009, the employer did not ensure the GEHL skid steer used in the raw materials and finished feed department was equipped with a functioning safety bar and the front tire on the equipment was worn to the point where the tire's cords were showing. b.Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about July 20, 2009, the employer did not ensure the CASE 430 skid steer used in the finished feed and raw materials area was equipped with a functioning back-up alarm and horn. c.Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about July 20, 2009, the employer did not ensure the #1 CASE 621D front end loader was equipped with a functional operators access step and operational windshield wipers on the front and back of the operators cab. d.Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about July 20, 2009, the employer did not ensure the #2 CASE 621D front end loader was equipped with operational windshield wipers on the front and back of the operators cab creating a struck by hazard due to poor visibility from accumulated dust on the windshield. Among other methods, one feasible and acceptable method to correct this hazard is to ensure skid steers are maintained and operated according to the Association of Equipment Manufactures (AEM) manual "Skid Steer Safety Manual for Operating and Maintenance Personnel" 2004 edition, Association of Equipment Manufactures (AEM) manual "Wheel Loader/Tractor Safety Manual for Operating and Maintenance Personnel" 2005 edition, Case Operations Manual for Case 621D Wheel Loaders, and GEHL Operator's Manual for 5640 Skid Steer Loaders. In accordance with 29 CFR 1903.19(d), 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.t,
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