Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 312998255
Citation: 01001
Citation Type: Serious
Abatement Status: I
Initial Penalty: $1,500.00
Current Penalty: $1,000.00
Issuance Date: 12/18/2009
Nr Instances: 2
Nr Exposed: 5
Abatement Date: 12/23/2009
Gravity: 10
Report ID: 0216000
Contest Date:
Final Order:
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 01/05/2010 | $1,000.00 | 12/23/2009 | Serious | |
| Penalty | Z: Issued | 12/18/2009 | $1,500.00 | 12/23/2009 | Serious |
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 employees were exposed to the hazard of being struck by vehicular traffic: Location: 201 Lafayette Ave Suffern NY 10901 On or about 6/24/09, a) Employees were performing tree removal operations on the ground and from an aerial lift at the side of the roadway without an advance warning sign to alert traffic and were exposed to being struck by oncoming motor vehicles b) Employees/flaggers were directing traffic in the middle of a 2 lane roadway without the use high visibility clothing or hand signaling devices, such as flags or stop/slow paddles, and were exposed to being struck-by motor vehicle traffic. Among other methods, one feasible and acceptable method to correct these hazards is follow Section 3.2 of ANSI Z133.1- 20006 Safety Requirements for Arboricultural Operations which discusses traffic control around the jobsite, and to provide high visibility clothing to protect workers on roadways, advance warning signs to alert traffic of shoulder work, and hand signaling devices, such as STOP/SLOW paddles or red flags, to control traffic, in accordance with the U.S. Department of Transportation (DOT) Manual on Uniform Traffic Control Devices (MUTCD), Part 6, Chapters 6E and 6F. NOTE: Because abatement of this violation is already documented in the inspection case file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.
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