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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Inspection Nr: 314179722

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $4,900.00

Current Penalty: $4,900.00

Issuance Date: 04/06/2011

Nr Instances: 1

Nr Exposed: 4

Abatement Date: 04/14/2011

Gravity: 10

Report ID: 0626300

Contest Date: 04/11/2011

Final Order: 03/01/2012

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 J: ALJ Decision 03/01/2012 $4,900.00 04/14/2011 Serious  
Penalty Z: Issued 04/06/2011 $4,900.00 04/14/2011 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 does not furnish to each of his employees employment and a place of employment which are free from recognized hazard of being struck-by or caught-between a rotating superstructure of a crane which is causing or is likely to cause death or serious physical harm to employees: This violations most recently occurred on or about October 10, 2010, at the Eustace Gas Plant located at 16401 CR 2854, Eustace, Texas 75124, when employees worked near a Grove, 14-ton, rough-terrain, hydraulic crane (serial #39227) that did not have control lines, warning lines, railings or similar barriers to mark the boundaries of the swing radius. Among other methods, feasible and acceptable methods to correct this hazard are comply with page 4 of the manufacturer's handbook which states, "SAFETY PRECAUTIONS, Never get on or off a machine in motion;" paragraph 5-3.2.1.5(a)(4) of the American Society of Mechanical Engineers (ASME) B30.5 - 2007, Mobile and Locomotive Cranes Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Sling which states, "The person directing the lift shall see that all persons are clear of the swing radius of the crane counterweight;" and/or, paragraph 4 on page 3 of the Construction Industry Manufacturers' Association, Crane Safety Manual for Users, Operators and Maintenance Personnel which states, "Be Sure there is adequate clearance for tail swing. Barricade the area to prevent entry..." Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit an abatement plan describing the actions it is taking to establish, communicate and implement written procedures to erect and maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the swing radius of cranes.

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