Text For Citation: 01 Item/Group: 004 Hazard:

OSH ACT of 1970 Section (5)(a)(1): 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 fall and struck-by hazards: The employer failed to protect workers from fall and struck-by hazards associated with riding in the hopper of a rear-loading waste collection vehicle. This was most recently document on or about November 7, 2018 at 2126 South Elm Street in Ottawa, Kansas while traveling to a waste collection route. The employer, driving the vehicle, allowed employees to ride in the hopper of the truck which is not designed or designated as a riding position. A pitcher employee, that was allowed to ride in the hopper, was fatally injured when he fell from the moving vehicle. Acceptable means of abatement include but are not limited to: 1) Ensure employees ride only in areas that are designed and designated as proper driving or riding positions and establish a written rule that outlines the employer's instructions regarding driving and riding positions. These include, but are not limited to, the provisions outlined in ANSI Z245.1 - 2008 entitled Mobile Wastes and Recyclable Materials Collection, Transportation, and Compaction Equipment-Safety Requirements, 6.2.3.2 a) through j), Driving and Riding positions; 2) Ensure that no person(s) ride on the loading platform, on the sill, on the kicker bar, or in the hopper of a compactor equipped vehicle, ANSI Z245.1 - 2008, 6.2.5.4 a) through f); 3) Implement a Safety Program which includes a hazard assessment, an evaluation of the means and methods of controlling those hazards, a written program per 9.3.2.1.(c) of the ANSI standard to include operation/inspection/maintenance procedures, prohibited practices, recordkeeping, training requirements, and reference to utilized documents; a schedule for the implementation of the written program and periodic reviews/revisions to ensure the effectiveness of the program, ANSI Z245.1 - 2008 entitled Mobile Wastes and Recyclable Materials Collection, Transportation, and Compaction Equipment-Safety Requirements; 4) Provide training to ensure that all employees, including supervisors, drivers and laborers are properly trained for their assigned jobs, tasks, and use of related equipment. This training must be provided at least upon initial assignment to a job or task, with periodic refresher training as necessary to maintain the required level of competence. Additional retraining also shall be provided whenever a periodic inspection reveals, or whenever the employer has reason to believe, that there are employee deviations from procedures or inadequacies in the employee's knowledge of procedures; 5) Training records, at a minimum, maintained in accordance with ANSI Z245.1-2008, Section 9.3.2; 6) Training requirements, at a minimum, should include those provisions outlined in ANSI Z245.1-2008, Section 9.3.4.