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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 315628115

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $4,200.00

Current Penalty: $2,280.00

Issuance Date: 02/07/2012

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 02/24/2012

Gravity: 10

Report ID: 0625400

Contest Date:

Final Order:

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 I: Informal Settlement 02/28/2012 $2,280.00 02/24/2012 Serious  
Penalty Z: Issued 02/07/2012 $4,200.00 02/24/2012 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 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 hazards of being struck by saw blades and/or of coming into contact with powerlines when using a pole saw from an elevated postion: For tree trimming work performed at 406 Church St: On or about October 5, 2011, and at times prior thereto, employees were permitted to use a Stihl pole saw from an elevated position in a tree instead of while standing at a safe stable location with firm footing on the ground. Among other abatement methods, feasible and useful, one method of abatement would be to ensure employees: a) do not operate pole saws from elevated locations such as trees or ladders but from firm footing on the ground to enable the operator to control movement of the saw. b) read and follow all instructions in the saw manufacturer's operations manuals. c) participate in a pre-job planning meeting to ensure all hazards have been identified and all tools, equipment and procedures are in place to perform the tree-trimming work safety in accordance with ANSI Z133.1 2006 Safety Requirements for Arboricultural Operations. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the obligation, including describing the steps that it is taking to ensure that employees use pole saws in accordance with the manufacturer's instructions.

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