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

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 crushing injuries: The employer did not ensure that proper brake maintenance was maintained, as follows: a) At the ramp at 799 Park Ave, an employee was operating a 1993 Isuzu flatbed truck. The emergency brake system was tested by NYC Investigators it was determined that the emergency brake system had not been working previous to the accident. Reference: CFR 393.40 Subpart C - Brakes (e) Emergency brakes, vehicles manufactured on or after July 1, 1973. (1) A bus, truck, truck tractor, or a combination of motor vehicles manufactured on or after July 1, 1973, and not covered under paragraphs (d)(1) or (d)(2) of this section, must have an emergency brake system which consists of emergency features of the service brake system or an emergency system separate from the service brake system. A feasible means of abatement would be to follow the manufacturers maintenance manual and DOT regulations. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.0