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

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by hazards from the swing radius of a mini-excavator during full operation: (a)On or about November 10, 2005, the employer did not ensure that employees setting an inlet basin and conducting lifting and swinging operations with a mini- excavator were kept out of the swing pivot area of the mini-excavator. This exposed employees to struck-by hazards. A feasible means of abatement includes, but is not limited to, barricading the area of the excavators swing radius to ensure employees are not within the restricted swing pivot area. In accordance with the manufacturers operation and maintenance manual keep all employees 5 meters (16.40 feet) from the machine when the machine is in operation and implement the measures provided in the Safety Manual for Compact Excavators published by the Association of Equipment Manufacturers as follows: Never enter, or allow anyone to enter, the machine swing pivot area. Certification, and documentation/evidence of abatement is required. Certification of abatement is required by 29 CFR Part 1903 and is to be submitted within ten (10) calendar days after the abatement date.ment