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

Section (5)(a)(1): The employer failed to furnish to each of his employees employment and a place of employment which was free from recognized hazards that were causing or are likely to cause death or serious physical harm, in that employees were exposed to struck-by and caught-under hazards: (a) On or about October 27, 2018 for an employee who sustained fatal injuries after he was struck-by heavy construction equipment while another worker was attempting to push start a dump truck at the work site in the vicinity of 3020 18th Street SE in Jamestown, North Dakota. Abatement note: Among other feasible and acceptable means of abatement, the employer can develop and implement policies and procedures designed to mitigate the risk of struck-by hazards while pushing construction vehicles. Specifically, the employer can implement procedures that: 1. Require the operator of the pushing equipment to make contact with the operator of the equipment to be pushed prior to pushing. 2. Require drivers of the pushed equipment to stay in the cab of their vehicle while waiting to be pushed.