Klingner Family Oil | Occupational Safety and Health Administration osha.gov

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 311754766

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $1,500.00

Current Penalty: $500.00

Issuance Date: 04/17/2008

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 04/23/2008

Gravity: 10

Report ID: 0112000

Contest Date:

Final Order:

Related Event Code (REC):

Emphasis:

**Penalty and Failure to Abate Event History**
Type	Latest Event	Event Date	Penalty	Abatement Due Date	Citation Type	Failure to Abate Inspection
Penalty	I: Informal Settlement	05/07/2008	$500.00	04/23/2008	Serious
Penalty	Z: Issued	04/17/2008	$1,500.00	04/23/2008	Serious

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

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 a struck by hazard: 9 Bittersweet Lane: On 01/28/08 the owner of a fuel oil delivery service received a fatal injury while delivering home heating oil with an exposed employee. The vehicles emergency braking system was inoperable. The clevis pin that secures the slack adjuster for the spring brake was missing making the emergency braking system ineffective. This ineffective braking, caused the vehicle to roll uncontrollably down a driveway striking the employer and exposing an employee to a crushing hazard. Among other methods, one feasible and acceptable abatement method to correct this hazard would be to: Follow both Federal and State Traffic Laws. 1.Federal Motor Carrier Safety Administration (FMCSA): 393.41 Parking Brake System: Air-braked power units manufactured on or after March 1, 1975, and air-braked trailers manufactured on or after January 1, 1975. Each air-braked bus, truck and truck tractor manufactured on and after March 1, 1975, and each air-braked trailer except an agricultural commodity trailer, converter dolly, heavy hauler trailer or pulpwood trailer, shall be equipped with a parking brake system as required by FMVSS No. 121 (S5.6) in effect at the time of manufacture. The parking brake shall be capable of holding the vehicle or combination of vehicles stationary under any condition of loading in which it is found on a public road (free of ice and snow). An agricultural commodity trailer, heavy hauler or pulpwood trailer shall carry sufficient chocking blocks to prevent movement when parked. 2.Connecticut Traffic Laws, Title 14. Motor Vehicles, Section 14-80h(c): Brake Equipment of Motor Vehicles: The parking brake system, upon actuation by the operator, shall be effective in applying braking action either directly or indirectly on at least two wheels. The parking brake system shall be capable of holding the motor vehicle or combination of vehicles attached thereto stationary under any condition of loading on any upgrade or downgrade on which it is operated. Specific abatement documentation is required.tion

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