Text For Citation: 02 Item/Group: 001 Hazard:

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was 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 and crushing hazards from vehicles driven throughout the auto auction premises. (a) Location - 400 Charter Way, Billerica, MA: On or about 5/3/17, the employer failed to protect employees from struck-by and crushing hazards from vehicles while working throughout the entire auction premises. Employees exposed to these hazards include but are not limited to auction managers, auction staff, auction ring men, lane chiefs, drivers, maintenance personnel, lot attendants, security personnel and auto mechanics. Lynnway Auto Auction, Inc. was previously cited for a violation of Section 5(a)(1) of the OSH Act for exposing employees to struck-by and crushing hazards from vehicular traffic, which was contained in OSHA inspection number 965164, citation number 1, item number 1 and was affirmed as a final order on 08/17/2014, with respect to Lynnway Auto Auction, Inc.?s workplace located at 400 Charter Way, Billerica, MA. The method or methods to feasibly correct or abate the hazards include, but are not limited to, the following elements: Develop a written auction traffic control program which addresses at a minimum the following elements: Engineering Controls 1. Designate pedestrian and other non-driving auction employee safe locations, walkways and crosswalks with painted lines on the auction arena floor, and install bollards or other physical perimeter barriers which are capable of absorbing impact forces along auction lanes, and all other moving vehicle viewing areas for protecting pedestrians from being struck-by moving vehicles. 2. Designate and post vehicle speed limits throughout the auction premises. 3. Designate and delineate vehicle stopping points within the auction lanes where drivers will periodically stop and park vehicles for purposes of auction participant viewing or bidding. 4. Implement a communication system to warn pedestrians to clear the auction lanes prior to signaling vehicles to proceed to the next stopping point. 5. Ensure all auction management, including auctioneers, auction ring men, lane chiefs and each employee directing auction lane traffic are provided and wear high visibility vests in all vehicle traffic areas on the auction premises. Administrative Controls 1. Develop a written auction safety policy and distribute to all auction employees and pedestrians. Prohibit all pedestrians from walking into lanes with moving vehicles unless at designated crosswalks. 2. Ensure that safety policy and rules are communicated to all employees including all temporary employees. 3. Post auto auction safety rules, and guidelines pertaining to safe auction operations. 4. Ensure drivers obey speed limits and safe travel distances between vehicles throughout the auction premises. 5. Develop a monitoring plan to ensure all employees adhere to all safety rules, traffic control signals and auction safety protocols such as clearing auction lanes prior to signaling vehicles to proceed to the next stopping point. 6. Develop a progressive disciplinary action plan to address non-compliance with safety policy and rules. 7. Implement safety meetings prior to each auction day, with mandatory attendance for all auction employees to review auction safety protocol, and driver safety procedures. 8. Ensure all drivers maintain at least 20 feet when stopping behind a vehicle in front of them, for preventing injuries caused by collisions and caught in between hazards. 9. Prohibit the opening of vehicle doors, hoods, trunks and enclosed spaces during the auction, and limit these activities to trained employees. 10. Ensure management conducts daily inspections throughout the auction premises, and documents deficiencies or near miss incidents and takes appropriate corrective actions. Evaluate all reports on an annual basis and ensure that all deficiencies have been addressed and communicated to all employees. Training Certification 1. Ensure all auction management, auctioneers, auction ring men and lane chiefs, demonstrate proficient knowledge of the auction safety rules, protocol and driver safety procedures. 2. Certify that all employees including temporary employees have been trained regarding the auction traffic control plans, safety policy, and driver safety program prior to assignment. 3. Provide training at a minimum annually. Retrain whenever deficiencies or noncompliance with safety program are found. Develop and implement a safe driving program for all auction drivers specific to each area within the auto auction premises, which includes at a minimum, the following guidelines: 1. Certify that all drivers demonstrate safe driver skills and demonstrate knowledge of safe driver procedures and pedestrian precautions before assignment. 2. Periodically re-evaluate all drivers to ensure that they remain qualified to operate and are physically capable of operating each vehicle safely. 3. Ensure all drivers are wearing the appropriate high visibility clothing for when accessing vehicles in parking lots. 4. Ensure drivers wear stable footwear to safely operate vehicle foot control pedals. 5. Prior to operation, ensure all auction drivers visually inspect each vehicle for safety defects such as faulty brakes, engine idle malfunction, driver visibility hazards, or other mechanical defects. 6. Instruct drivers to remove the keys from the ignition of unsafe or defective vehicles, and notify a supervisor. 7. Ensure drivers are trained to follow speed limits in each posted area and trained to maintain safe travel distances between vehicles throughout the auction premises. 8. Ensure drivers are aware of blind spots within the premises which may conceal pedestrians and other auction employees from view. 9. Provide retraining in the safe driver program and/or auction safety protocol, when deficiencies or non-compliance to safety policy is found. 10. Implement a written disciplinary action plan to address unsafe driving practices, or violation of the auction safety rules and protocols.