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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 303708408
Citation: 02001
Citation Type: Unclass
Abatement Status: X
Initial Penalty: $63,000.00
Current Penalty: $42,500.00
Issuance Date: 08/08/2002
Nr Instances: 3
Nr Exposed: 5
Abatement Date: 08/27/2002
Gravity: 10
Report ID: 0336000
Contest Date: 08/19/2002
Final Order: 07/25/2003
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | R: Review Commission | 07/25/2003 | $42,500.00 | 08/27/2002 | Unclass | |
| Penalty | Z: Issued | 08/08/2002 | $63,000.00 | 08/27/2002 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: FALLING
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 a fall hazard of approximately 11 feet while working in the elevate front bucket of a backhoe: a)3rd/4th Direction - On or about 8 February, 2002, employee(s) were removing shoes, hanging by their laces, from energized overhead lines. Employee(s) were elevated in the bucket of a JCB Backhoe Loader, serial #SMBT 4050/357649/7, in order to reach shoes and cut them down with a pole and knife. Employee(s) did not have any fall protection and were exposed to a fall hazard of approximately 11 feet. Among other feasible and acceptable methods to correct this hazard are to: a)Prohibit employees from using elevate backhoe bucket as a work station. Instructions in JCB Backhoe Loader Manual state that "The JCB Backhoe Loader is a one man machine. Do not carry passengers". Manual also states that a sticker in the cab of the backhoe loader reads "Warning - Never use the bucket as a man lift". b)Follow instructions in Safety Manual published by Equipment Manufacturers Institute, Chicago, Illinois, that states "Warning: Your backhoe loader is a one person machine. Never permit riders. Never use a bucket for a work platform or personnel carrier". c)Utilize acceptable devices such as ladders, scaffolding, or aerial lift for employees working at elevations.