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

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered: (a) In the recycling yard, employees on foot were exposed to impact and crushing injuries from self propelled mobile equipment were not required to wear high visibility clothing to increase equipment operator awareness at various times throughout the day. Or, in the alternative, 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: (a) On or about March 4, 2013, an employee pushing a wheeled magnet around the metal recycling yard was exposed to being struck by a Caterpiller 950F front end loader. One feasible and acceptable method to correct the hazard is to establish and enforce a personal protective equipment program which requires all employees to wear high visibility vests. Abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records. 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 $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19