Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311931927
Citation: 01001
Citation Type: Serious
Abatement Status: W
Initial Penalty: $2,800.00
Current Penalty: $2,800.00
Issuance Date: 11/24/2008
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 12/03/2008
Gravity: 10
Report ID: 0111500
Contest Date: 12/15/2008
Final Order: 11/10/2011
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 11/10/2011 | $2,800.00 | 12/03/2008 | Serious | |
| Penalty | Z: Issued | 11/24/2008 | $2,800.00 | 12/03/2008 | 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 does not furnish employment and a place of employment which is free from recognized hazards that are causing or likely to cause death or serious physical harm to employees in that an employee was exposed to a crushing hazard while riding in the bucket of an excavator. Jobsite: On 05/28/2008 an employee was observed riding in the bucket of a John Deere excavator in order to egress from an excavation which ranged in depth from 6 to 9 feet deep. Among other methods, one feasible and acceptable abatement method to correct this hazard is: 1) Use other safe means of egress from the excavation, such as but not limited to a ladder. 2) Develop a company policy which states that employees are prohibited from riding in the bucket of an excavator and/or any other piece of machinery that was not so designed by the manufacturer. 3) Follow the operator's manual as well as guidelines set by the Construction Safety Council which prohibits employees from riding in the bucket of an excavator. To abate this violation the employer must ensure that employees do not ride in the buckets of excavators or on other earth moving equipment that is not designed for passengers.
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