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

29 CFR 1926.21(b)(2):The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury: (a) On or about January 14, 2021, and at times prior, American West Construction, LLC did not instruct employees in the recognition and avoidance of unsafe conditions presented by attempting to hitch a TATU heavy-duty hinge offset disc harrow (Disc assembly) model no. GASPM-HD, s/n 0206-0497 to a John Deere 9520 Scraper Tractor in an unsafe manner. Employees were also not provided with a copy of the operator's manual for either piece of equipment which provide instruction on how to avoid hazards associating with hitching the equipment. Employees were exposed to struck-by, crushing, and caught-in between hazards and an employee suffered serious injuries when struck-by and caught-in between the tire of the John Deere tractor that was being backed-up and the bucket of a CAT Hydraulic Excavator 330DL that was used to prop the disc harrow's drawbar up, while employees positioned the hitch for attachment. Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).