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

North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were exposed to the possibility of being thrown from the vehicle and crushed by the overhead guard and guard support framework during a tip-over: a)Facility, throughout - an employee was allowed to operate a Mitsubishi Model FG 25K, Serial # AF17C00272 forklift without the benefit of wearing the installed seat belt. One feasible and accepted abatement method, among others, would be to have operators fasten the seat belt while operating the forklift. (Reference: ASME B56.1-1993, Para. 5.3.19: An active operator protection device or system, when provided, shall be used.) Or in the alternative: 29 CFR 1910.132(a): Application. Protective equipment, including personal protective equipment for eyes, face, head and extremities, protective clothing, respiratory devices, and protective shields and barriers, were not provided, used and maintained in a sanitary and reliable condition whenever it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. a)Facility, throughout - an employee was allowed to operate a Mitsubishi Model FG 25K, Serial # AF17C00272 forklift without the benefit of wearing the installed seat belt.