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

North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were exposed to: a struck by hazard. a)job site at NC State fairgrounds - On or about 10/28/13, three employees were in the process of dismantling/disassembling the Vortex amusement ride. The employer failed to engage the emergency motor such as, "pony motor" as specified in manufacturer manual. Seat compartment #1 (vertically poistioned in air), swung into detached seat compartment #2 (positioned on platform), which resulted in seat compartment #2 striking the victim as he was unbuckling seat compartment #2 and pinned him on the ground underneath the seat compartment. Reference: 13 NCAC 15.0402 - Responsibility for Compliance - (a) Every owner or operator of an amusement device shall comply with provisions of the rules of this Section, and every employer and employee shall comply with all provisions which concern or affect his conduct. One feasible and acceptable method of abatement is for the employer to follow the manufacturer's instructions for disassembly provided in Section 14.5 (Page 14-19) of Vortex/Booster manufacturer manual and engage the emergency motor such as, pony motor as specified in manufacturer manual.