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

North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to: The hazard of being struck by moving parts of an amusement device that was not maintained in accordance with manufacturer operating instructions. a)Vortex ride at North Carolina State Fair, 10/22/13 through 10/24/13 - where the employer failed to maintain the Vortex amusement device in accordance with manufacturers specifications. The employer was required to perform one operational check per day and knew the Vortex was not being maintained per manufacturers instructions. Jumpers inserted into the wiring system bypassed the safety circuit which prevented the ride from operating because the safety restraints were not engaged. The circumvention of the circuit would have been readily apparent because it would result in the "green light" on the control panel staying on even when the restraints were not closed. The malfunction was not recorded on any of the operational checks performed after the jumper was installed. Bypassing the safety circuit exposed the employees working on the ride to the possibility of a struck by hazard if the ride started up while they were loading or unloading ride patrons. Such a start up occurred on 10/24/13 resulting in injuries to an employee. The passenger restraint release button also malfunctioned, requiring attendants to release the restraints by using a release in an electrical control cabinet on the deck of the ride. Among other methods, one applicable and feasible method of abatement to correct this hazard would be to perform maintenance inspections and correct any irregularities. REFERENCE: VORTEX ORIGINAL OWNER/OPERATORS MANUAL STATES "ALL SAFETY CIRCUITS MUST REMAIN AS DESIGNED AND MAY NOT BE BYPASSED" REFERENCE: VORTEX OWNERS MANUAL - p.61 - INSTRUCTIONS FOR USE AND MAINTENANCE - "DO NOT CHANGE OR RENDER UNUSABLE THE SAFETY DEVICES OF THE CONNECTIONS." "PERFORM THOROUGH AND REGULAR MAINTENANCE OF THE ASSEMBLIES." REFERENCE: NC DOL EAD DIVISION STANDARD 13 NCAC 15.0410 DAILY INSPECTION AND TEST WHICH STATES "A DAILY INSPECTION AND TEST SHALL INCLUDE THE OPERATION OF CONTROL DEVICES, SPEED-LIMITING DEVICES, BRAKES AND OTHER EQUIPMENT PROVIDED FOR SAFETY."