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

Section 5(a)(1) of Public Law 91-596, 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: lack of maintenance prevented a seatbelt from functioning and protecting an employee when operating a rough terrain forklift. (a)East Side of Worksite - On or about February 9, 2010 employees were exposed to struck-by hazards while operating a Caterpillar TH63 telehandler equipped with a rollover protective structure (ROPS). Employees were not protected by a functioning operator seatbelt. Among other methods, a feasible and acceptable method to correct this hazard would be to enforce compliance with American National Standards Institute (ANSI) B56.1b-2003, Section 5.5.1 which states "At the beginning of each shift and before operating the truck, check its condition, giving special attention to the following: ...(c) warning and safety devices ... If the truck is found to be in need of repair or in any way unsafe, or contributes to an unsafe condition, the matter shall be reported immediately to the user's designated authority, and the truck shall not be operated until it has been restored to safe operating condition." Repair the defective seatbelt.