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

NYSLL Article 2, Section 27-a.3.a(1): The employer did not furnish to each of its employees, employment and a place of employment which was free from recognized hazards that are causing or were likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees. In applying this paragraph, fundamental distinctions between private and public employment have been recognized. A reasonable and adequate abatement method, among others, would be for the employer to develop and enforce a policy that prohibits employees from riding the steps while moving at greater than 10 mph, riding the steps for distances greater than 0.2 miles, and riding the steps while the vehicle is moving in reverse. a) Hempstead Tn Sanitary District #2 - (Truck #29; 1997 International brand chassis, Leach brand compactor [model # 2R-11, ser # 11426]; VIN # 1HTGMAAR6VH456859) - The employer allowed employees to ride the steps of the vehicle while moving at greater than 10 mph and for distances of more than 0.2 miles. This is not compliant with ANSI Z245.1-1992 and the NIOSH Alert for Preventing Worker Injuries and Deaths from Moving Refuse Collection Vehicles. A feasible and acceptable abatement method, among others, would be for the employer to develop and enforce a policy that prohibits employees from riding the steps while moving at greater than 10 mph and/or for more than 0.2 miles or while the vehicle is backing.