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Violation Detail
Standard Cited: 19260021 B02 Safety training and education.
Inspection Nr: 1706529.015
Citation: 01001B
Citation Type: Serious
Abatement Date: 05/21/2024
Initial Penalty: $4,839.00
Current Penalty: $2,419.50
Issuance Date: 04/25/2024
Nr Instances: 1
Nr Exposed: 3
Related Event Code (REC): A
Gravity: 10
Report ID: 0216000
Contest Date: 05/22/2024
Final Order: 01/29/2025
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 01/29/2025 | $2,419.50 | 05/21/2024 | Serious | |
| Penalty | C: Contested | 06/25/2024 | $4,839.00 | 05/21/2024 | Serious | |
| Penalty | Z: Issued | 04/25/2024 | $4,839.00 | 05/21/2024 | Serious |
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 condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury: (a) At 1325 Baptist Church Road, Yorktown, NY 10598: The employer did not ensure that employees were instructed in the recognition and avoidance of safe conditions. Employee was walking adjacent or next to the Caterpillar 303C CR mini Excavator's tip zone and the employees were not instructed to rig the tree to the excavator to ensure it was stable and secure. On 10/27/2023 a Caterpillar 303C CR Mini Excavator Serial #: BXT03134 tipped over and fatally crushed an employee on a rock wall. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.