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

Section 5(a)(1): The employer did not furnish to each of his employees 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 his employees in that employees were exposed to being struck by the excavator bucket: (a) On or about September 9, 2012, an employee was attempting to line up the bucket of a Komatsu LC 400 excavator on the end of a 36-inch water main being installed when the bucket slipped off of the end of the pipe and crushed the employee against an existing 24-inch pipe in the trench, located near the intersection of River Road and Fraine Barracks Road, Bismarck, North Dakota. Among other methods, one feasible and acceptable method to correct this hazard would be to follow the warnings contained in the manufacturer's manual to ensure that all persons are clear of the area before operating the machine and to be alert of bystanders moving into the work area. Also, follow the Equipment Manufacturers Institute Backhoe/Loader Safety Manual: "Make sure area is clear of all persons before you start operating" and "Never enter, or allow anyone else to enter, the backhoe swing pivot area".