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 while riding in the rear of a landscaping box truck without appropriate seating or restraints or a tailboard or gate securely closed. a) On or about October 30, 2011-Job site at 148-15 89 Avenue Jamaica, NY 11435 Employees were allowed to ride in the cargo area of a box truck without appropriate seating or restraint and a rear door that was ajar so employee could self-exit. AMONG OTHER METHODS, A FEASIBLE ABATEMENT METHOD TO CORRECT THIS HAZARD IS TO FOLLOW: 1) Follow New York State traffic Law: a) Vehicle and Traffic Law (V&T Law) New York Code of Rules and Regulations (NYCRR) V&T Law1222. Persons riding on trucks. 1. No operator of any motor vehicle commonly known as an auto truck shall operate such auto truck, nor shall the owner thereof permit it to be operated, for a distance in excess of five miles, while there is standing therein or thereon any person or persons in excess of one-third of the number of persons therein or thereon: a. Unless suitable seats are securely attached to the body of such auto truck; b. Unless side racks of at least three feet in height above the floor of such auto truck are securely attached; and c. Unless it shall have attached thereto a tail board or tail gate which is securely closed. WRITTEN ABATEMENT CERTIFICATION IS NOT REQUIRED.