Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311807796
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $5,000.00
Current Penalty: $5,000.00
Issuance Date: 06/03/2010
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 06/21/2010
Gravity: 10
Report ID: 0317300
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
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 an employee was exposed to stuck-by and/or caught-in-between hazards resulting in a fatality from not having adequate access and being backed over by vehicle with obstructed views to the rear that did not have an audible reverse signal alarm: a) 124 Sunset Boulevard, New Castle, DE - Employees are exposed to struck-by and caught-in-between hazards from vehicular traffic that is not equipped with a reverse signal alarm that is audible above the surrounding noise level or equivalent protective system. An employee was fatally struck-by and run over multiple times, by a Budweiser delivery truck, as she walked from the employee parking area to reach the designated employee access door. The employees are required to enter the site through the receiving area door located next to the Tire Service Center on a daily basis. The drivers back up with an obstructed view to the rear and without an audible reverse signal alarm; on or about December 11, 2009. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO CORRECT THIS HAZARD IS ENSURE DELIVERY VEHICLES HAVING OBSTRUCTED VIEWS TO THE REAR ARE PROVIDED AN AUDIBLE BACK-UP ALARM OR HAVE AN OBSERVER OR GROUND SPOTTER TO SIGNAL DRIVER IT IS SAFE TO PROCEED IN REVERSE. ABATEMENT VERIFICATION REQUIREDTION
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