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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 313946493

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $1,500.00

Current Penalty: $750.00

Issuance Date: 01/28/2010

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 03/17/2010

Gravity: 10

Report ID: 0134000

Contest Date:

Final Order:

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 03/12/2010 $750.00 03/17/2010 Serious  
Penalty Z: Issued 01/28/2010 $1,500.00 03/17/2010 Serious  

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

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:a serious fall hazard while climbing the limbs of a tree that had not been adequately inspected for tree defects on or about 12/04/09 at 85 Center Street,Burlington, Ma. ABATEMENT NOTE: One feasible and acceptable abatement method to correct this hazard to use tools to help detect and characterize defect in trees and require that safe working practices be observed including a job briefing, work procedure and assignment be worked out carefully before any tree job is begun.The ANSI Z133.1-2006 Safety requirements for arboricultural operations states in 8.5.1 that "Before beginning any tree removal operation, the chain saw operator and or crew leader shall carefully consider all relevant factors pertaining to the tree and site and shall take appropriate actions to ensure a safe removal operation. The following factors should be considered: (f) decayed or weak spots throughout the tree ( be aware of additional hazards if these conditions exist in the hinge area.)" Location: Tree in front yard at 85 Center Street, Burlington, MA - next to driveway: On or about 12/04/09, an employee was exposed to a fall hazard while climbing and trimming the limb of a tree that had serious defects.

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