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

OSH ACT of 1970 Section (5)(a)(1): 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 caught-in-between hazards when the manufacturerer's recommendations for the safe operation of an earth moving excavator were not followed. This violation was most recently observed on Septermber 6, 2012 when an employee (rigger) was caught-in-between crane mats stacked on the ground and the bucket of a John Deere Excavator, Model DW 690 E. The excavator operator came into contact with the excavator's boom control, while attempting to raise the front windshield of the excavator for ventilation purposes, causing the excavator's bucket to come into contact with the rigger which resulted in his death. ABATEMENT NOTE: Among other procedures, one feasible and acceptable abatement method to correct the hazard is for the employer to follow the excavator's manufacturer's Safety Instructions located in the Operator's Manual for a John Deere 690 E LC Excavator, OMT154565 Issue J4 English. The manual states on section 06-1, "Always lower working tools to the ground and engage hydraulic control lockout lever before leaving operator's seat." It also states in the same section "Keep bystanders clear of machine; especailly before moving boom, swinging upper structure or traveling." Ths same manual further states in section 06-5, " Never place any part of body beyond window bars or frame. It could be crushed by the boom if the boom control lever is accidentally bumped or otherwise engaged." Disclaimers: You are not limited to the abatement methods described above. The methods explained are general and may not be effective in all cases. The employer is responsible for selecting and carrying out an appropriate abatement method.