Text For Citation: 01 Item/Group: 001 Hazard: GUARDING

Nevada Revised Statute 618.375(1): Duties of employers. The employer failed to furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to his employees: The employer failed to ensure that the place of employment was free from recognized hazards in that: On 11/26/07 at approximately 1545 hrs, the Foreman and Employee #1 started demolition of the rat slab (temporary concrete slab) located in the middle of the entry ramp leading to the bus and limo drop off point at the Palazzo Resort Hotel Casino, Phase II construction site. The Foreman was operating a rough terrain forklift while Employee #1 was standing to the left against the wall. The Foreman began to pop up the concrete slab with the forklift tines while Employee #1 walked over and stood in front of the tines. As Employee #1 leaned over to pry up a cracked piece of concrete the concrete slab lifted, broke up, and one or two pieces of concrete flew up and struck Employee #1 on the right side of his forehead and face. As a result Employee #1 was transported to a nearby hospital, was admitted, but passed away the next evening without regaining consciousness: a.Employees were not restricted from the work area during forklift operations. Reference: dDieci Telescopic Handlers XRM with Fixed Boom, Operation and Maintenance Manual, English, Cod. AXH1106/UK, St 3-092005: Page B/24, Safety Stickers (fig. 49/B): "Danger: Keep all persons at a safe distance from the vehicle when starting loading operations." "Danger: Keep all persons at a safe distance." Reference: American National Standard, ANSI/ITSDF B56.6-2005, Safety Standard for Rough Terrain Forklift Trucks: Page 9, Operating Safety Rules and Practices: Paragraph 6.1.4 - "Before operating any rough terrain forklift truck, truck operators shall have read and be familiar with the operator's manual for the particular truck being operated; they shall also abide by the safety rules and practices in paras. 6.1, 6.2, 6.3, 6.4, and 6.5." Paragraph 6.2.6 - "Understand rough terrain forklift truck limitations and operate the truck in a safe manner so as not to cause injury to personnel." Reference: Rough Terrain Forklift, Safety Manual for Operating and Maintenance Personnel, Association of Equipment Manufacturer's (AEM), 1985, Revised 9/96, 3/03:Page 19, Plan Your Work cont'd... Paragraph 1: "Know the rules for movement of people and forklifts on the worksite. Stop your forklift until your presence has been recognized or until the path is clear." One feasible and acceptable abatement method would be to follow requirements set forth in the dDieci Telescopic Handlers XRM with Fixed Boom, Operation and Maintenance Manual, American National Standard, ANSI/ITSDF B56.6-2005, Safety Standard for Rough Terrain Forklift Trucks and the Rough Terrain Forklift, Safety Manual for Operating and Maintenance Personnel, Association of Equipment Manufacturer's (AEM).