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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 950131.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $2,800.00
Current Penalty: $2,800.00
Issuance Date: 05/22/2014
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 05/29/2014
Gravity: 10
Report ID: 0111700
Contest Date:
Final Order: 06/16/2014
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 06/16/2014 | $2,800.00 | 05/29/2014 | Serious | |
| Penalty | Z: Issued | 05/22/2014 | $2,800.00 | 05/29/2014 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
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 was 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 hazard of being struck by a falling tree or a part of a tree: a. Site- On November, 24, 2013, a section of a co-dominant (bifurcated or divided in two such as split or branched) pine tree fell to the ground after being exposed to winds and wind gusts of approximately 35 mph. An employee was then directed to clear and remove the fallen portions of the damaged tree. This employee was required to perform this task while working within the danger zone of the remaining portion of the damaged pine tree which was still standing and exposed to high winds and wind gusts. The employee was fatally struck when the remaining portion of the damaged pine tree fell when the tree was exposed to additional winds and wind gusts. The damaged portion of the tree fatally struck the employee while they were limbing and bucking that fallen portion of the tree which was within the danger zone. The employer failed to prevent an employee from entering the danger zone around a damaged tree. The employer failed to adequately consider all relevant factors in regards to the tree and did not take all appropriate actions such as, but not limited to, felling the remaining portion of the tree first before sending an employee into the danger zone to ensure a safe tree removal operation. The employer did not adequately consider some of the following factors including, but not limited to: 1. The tree size in relationship to the landing zone; 2. The species and shape of the tree; 3. The lean of the tree; 4. Loose limbs, hangers, broken tops, chunks, and other overhead material; 5. Wind force and direction; 6. Decay, cavities, or weak spots throughout the tree; 7. Size and terrain characteristics or the limitations of the work area; 8. Adequate retreat path;