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 struck-by hazards: On or about December 3, 2009, and at other times prior thereto, at this site, employees working at this retail restaurant were exposed to struck-by hazards by the following: a.The Reach-In Cooler had a defective door hinge which could shift and fall several inches suddenly when accessed and impact an employee's foot. Among others, one feasible means of abatement is to operate a substitute cooler until the original has a door in safe, working order. b.The Upright-Warmer was leaned up against an adjacent piece of equipment to prevent it tipping onto an employee from a defective wheel base. Among others, one feasible means of abatement is to operate a substitute warmer until the base can be repaired as plumb so the cabinet does not lean or tip. c.In the surrounding parking lot, light poles had severely corroded foundation hardware, posing a struck-by hazard to employees parking there and cleaning the lot. Poles have toppled in the past. Among others, one feasible means of abatement is structural assessment and replacement of all weakened foundation mounting hardware. d.The restaurant roof structure, sagging from water drain damage under the overhead air conditioning unit, requires assessment for structure stability.