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

Section 5(a)(1): 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 hazards: (a) On or about July 15, 2015 and at times prior to that date, for the employee who was operating a BOMAG, Part No. 58430000, Type BW124DH/PDH-3 single drum compactor without using the seat belt and was ejected from the operators seat and crushed when the compactor tipped over on a grade at 811 West Broadway Street, Dickinson, North Dakota. Abatement Note: Among other methods, one feasible and acceptable abatement method to correct the hazard would be for the employer to ensure they apply the manufactures operating instructions before allowing employees to operate earth compacting equipment; specifically the BOMAG Operating and Maintenance Instructions, BW 124 DH-3/PDH-3, Single Drum Roller, page 31, paragraph 4.3, Starting the engine, DANGER, Always wear your seat belt.