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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 313176083
Citation: 01001
Citation Type: Serious
Abatement Date: 05/05/2010 X
Initial Penalty: $2,100.00
Current Penalty: $1,260.00
Issuance Date: 03/26/2010
Nr Instances: 1
Nr Exposed: 5
Related Event Code (REC): A
Gravity: 10
Report ID: 0523900
Contest Date:
Final Order:
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 04/19/2010 | $1,260.00 | 05/05/2010 | Serious | |
| Penalty | Z: Issued | 03/26/2010 | $2,100.00 | 05/05/2010 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: GUARDING
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 immersion drowning hazards due to the lack of a farm vehicle barrier guard on a push-off platform of a manure slurry pit: (a)Val-O-Mo Farm, Inc. & N971 County Road D in Elmwood, WI: On or about 10/26/09, a 31 year old male farmhand was fatally injured by submersion drowning when the John Deere 315 skid steer he was operating fell off the end of the push-off platform of a manure slurry pit during a manure transfer process. The end of the push-off platform was missing the farm vehicle barrier guard originally designed and installed for protection. AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE MEANS OF ABATEMENT WOULD BE TO 1) COMPLY WITH THE GUIDELINES OUTLINED IN NATURAL RESOURCES CONSERVATION SERVICE (NRCS) CONSERVATION PRACTICE STANDARD FOR WASTE STORAGE FACILITY CODE NO. 313, SECTION 11(C): "SAFETY STOPS, GATES, OR BOTH INSTALLED AT PUSH-OFF RAMPS AND LOAD-OUT AREAS OF IMPOUNDMENTS AND STRUCTURES TO PREVENT ACCIDENTAL ENTRY OF MACHINERY"; 2) COMPLY WITH AMERICAN SOCIETY OF AGRICULTURAL AND BIOLOGICAL ENGINEERS (ASABE) STANDARD FOR MANURE STORAGE SAFETY ASAE EP470 JAN1992 (R2005), SECTION 3.5: "PROTECTIVE BARRIERS OR RAILING AROUND OPENINGS CAN PREVENT ACCIDENTS. PUSH-OFF PLATFORMS OR RAMPS (PIERS) CAN BE A SITE WHERE THE TRACTOR SCRAPER DRIVER CAN TUMBLE INTO AN OPEN STORAGE. THESE SHOULD BE PROTECTED WITH A STURDY RAILING OR SEMICIRCULAR METAL SUPPORT EMBEDDED IN CONCRETE". Abatement certification and documentation are required for this item.