Text For Citation: 01 Item/Group: 003 Hazard:

SAVE: 29 CFR 1918.98(b)(2): Any employee newly assigned to supervisory duties after July 16, 1999 was not required to meet the provisions of 29 CFR 1918.98 within 90 days of such assignment. The employer does not require supervisors to meet the provisions of 29 CFR 1918.98 within 90 days of assignment to supervisory duties. This violation was most recently observed January 19, 2012 at the Port of Long Beach, Berth J245, Vessel Cosco Japan, Bay 34 where an employee was fatality injured during container discharge operations, and the assigned supervisors did not meet 29 CFR 1918.98 provisions and to keep employees clear of the zone of danger. To abate this violation, the employer must initiate and maintain a program, including instruction suited to the particular operations involved by a qualified person it designates, to ensure that supervisors satisfactorily complete a course in accident prevention. Pursuant to 29 CFR 1903, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how this program will protect its employees from accident hazards.