Text For Citation: 01 Item/Group: 002 Hazard:

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. a. On or about May 26, 2020, the employer failed to train equipment operators, such as employees who operated the Caterpillar Model 305E2 mini excavator as part of drainage pipe installation, in the safe operation of the equipment, hazards/unsafe conditions potentially associated with the operation and avoidance of hazards/unsafe conditions associated with operation of the equipment. On this date, an employee suffered fatal injuries when his head was crushed against a tree by the Caterpillar Model 305E2 mini excavator that he was operating. b. On or about May 26, 2020, the employer failed to provide any safety and health training to a laborer assisting in the installation of drainage pipe. The employee was not instructed in the recognition and avoidance of unsafe conditions, such as but not limited to, the use of signaling and communication with equipment operators by "spotters" and applicable regulations such as the trenching and excavation standard, the personal protective equipment standard or the hazard communication standard. This employee had received no safety and health training from the employer as of this date.