Violation Detail
Standard Cited: 95012901
This violation item has been deleted.
Inspection Nr: 311621833
Citation: 01003
Citation Type: Serious
Abatement Date: 04/21/2008
Initial Penalty: $6,300.00
Current Penalty:
Issuance Date: 04/16/2008
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC):
Gravity:
Report ID: 0453710
Contest Date: 05/23/2008
Final Order: 05/10/2010
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 05/10/2010 | 04/21/2008 | Serious | ||
Penalty | Z: Issued | 04/16/2008 | $6,300.00 | 04/21/2008 | Serious |
Text For Citation: 01 Item/Group: 003 Hazard: LIFTING
North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to 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: struck by hazards. a)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: employees were repeatedly exposed to a struck by hazard when 14 foot 8 inch, 300 pound lengths of PVC pipe were lifted in an overhead lift to place the pipe inside the 20 foot long (top box, 18 feet between spreaders) trench box. Employees stood in the trench box to guide the lengths of pipe into place, and had no means of escape should the steel rope sling break or the pipe slip or otherwise move in the sling. ABATEMENT NOTE: Among others, one feasible and acceptable method of abating this violation is to: remove the employee from the trench until the pipe has been lowered to the bottom of the trench. Reference(s): Employer's Loss Prevention Manual, Excavation Standard, Page 2: "No employee shall be permitted underneath loads handled by lifting or digging equipment." Standard Interpretations, 12/19/2007-Whether it is permissible for an employee to remain in a trench box when materials are being lowered into it by a backhoe. Employer's copy, Komatsu Operation & Maintenance Manual, PC 300LC-7L, Sept 2005, page 1-24, Lifting Objects with the Bucket, Safety rules for lifting objects, bullet 4: "It is dangerous if the load hits any worker or structure. Always check carefully that the surrounding area is safe before swinging or turning the machine." OR IN THE ALTERNATIVE: 29 CFR 1926.651(e): employees were permitted underneath loads handled by lifting or digging equipment. a)Excavation Site, Bowsertown Rd, Manteo - On or about 01/15/2008, the following conditions occurred: employees were not kept clear of suspended loads. Employees repeatedly worked under suspended 14 foot 8 inch long, 300 pound lengths of PVC pipe that were lifted into the trench box using the excavator. PVC pipe were lifted in an overhead lift to place the pipe inside the 20 foot long (top box, 18 feet between spreaders) trench box. Employees stood in the trench box to guide the lengths of pipe into place, and had no means of escape should the steel rope sling break or the pipe slip or otherwise move in the sling.