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Violation Detail

Standard Cited: 95012901  

Inspection Nr: 314308792

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $2,100.00

Current Penalty: $2,100.00

Issuance Date: 07/29/2010

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 09/14/2010

Gravity: 10

Report ID: 0453730

Contest Date: 09/30/2010

Final Order: 10/17/2011

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 10/17/2011 $2,100.00 09/14/2010 Serious  
Penalty Z: Issued 07/29/2010 $2,100.00 09/14/2010 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY

North Carolina General Statute 95-129(l) of the Occupational Safety and Health Act of North Carolina: 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 moving vehicles: a)at the Self-McNeilly Solid Waste Management Facility working face - an employee directing traffic of industrial vehicles, which were backing up, was struck and killed by a compactor. ABATEMENT NOTE: Research from various government and industry publications referenced several methods to better maintain a safe distance between personnel working on the ground [e.g. "spotter"] and moving heavy equipment or to otherwise protect spotters from being struck by heavy equipment. Recommended methods include the use of barriers, signage, a safe zone or directing from in front of trucks and not between rear of truck and compactor. REFERENCES 1) Barriers/Signage/Safe Zone/Directing from in front of trucks and not between rear of truck and compactor a) Out Of Sight, Out Of Danger...Wrong! - MSW Management magazine, Sep./Oct. 2006, pg.3 [statement regarding Republic's policy of not having spotters stand behind trucks] "Republic has not abolished its own spotter positions, but has adopted some measures to increase safety, such as not having them stand behind trucks and --- at some of their landfills - - - placing spotters on an elevated lifeguard type stand for increased visibility." b) SWANA On-Site Training Course, Instructor's Manual [2009], I Am SWANA Training - Landfill Operations Basics, pg.3-2 & 3-5 "Some landfills employ full-time spotters. Others use no spotter and rely solely on signs or other devices to direct traffic to the appropriate unloading area. As a compromise, some landfills use a spotter, but require that he/she stay inside a *safe zone* rather than walk around the tipping area. Examples might include concrete barricades (like the ones used as highway dividers) or a small portable building." [3-2] "Pylons, traffic cones, barricades, and guardrails placed at proper locations are effective in helping control traffic." [3-5] c) SWANA Health and Safety Instructor's Guide [2003] - For Landfill Operations Personnel, pg.4-10 "The spotter should never be behind a vehicle at the working face." d) SWANA On-Site Training Course, Instructor's Manual [2009], I Am SWANA Training - Landfill Operations Basics, pg.7-7 "Spotter Safety - The spotter has an important and often dangerous job to do. To stay safe, the spotter should: Always stay in front of vehicles...never behind." e)"Traffic Director - Basic Responsibilities", Neal Bolton, Blue Ridge Services, LandfillSafety Consultant "Safety - A traffic director [a.k.a. 'spotter'] works amidst heavy traffic, including both self-haul vehicles and commercial trucks. Because of this, the traffic director is often in a vulnerable position. The traffic director must stay alert at all times, practice good communication and use appropriate safety equipment. He may also need to work in a safety barricade. Often, a traffic director will work inside a 'safety zone', a barrier made of concrete or other materials." f)"Traffic Director - Basic Responsibilities", Neal Bolton, Blue Ridge Services, Landfill Safety Consultant "Directing Customers - When helping trucks back in, the traffic director must stay in front of the truck, never behind and must always maintain constant eye contact with the truck driver."

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