Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 303317812
Citation: 01001
Citation Type: Serious
Abatement Date: 09/29/2000 X
Initial Penalty: $1,050.00
Current Penalty: $735.00
Issuance Date: 09/12/2000
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC):
Gravity: 05
Report ID: 0523400
Contest Date:
Final Order:
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 09/28/2000 | $735.00 | 09/29/2000 | Serious | |
| Penalty | Z: Issued | 09/12/2000 | $1,050.00 | 09/29/2000 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: OTHER
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: (a)Employees were exposed to hazards created by the use of a Honda Foreman ES 4 x 4 All Terrain Vehicle which was not used in accordance with the acceptable requirements of its Operator's Manual. For example: Page 5 of the Operator's Manual states, "Never exceed the stated load limits for an ATV". Page 9 illustrates the warning labels on the ATV that state, "Never exceed the maximum rear cargo limit (combined weight on the rear rack and in the storage area) of: 133 pounds." "Tow weight limit: 850 pounds." Page 50 states, "Do not allow cargo to extend beyond the edges of either the front or rear racks". "HOW TO AVOID THE HAZARD, Never exceed the stated load limits for this ATV." Page 80 states, "You may also regain traction unexpectedly, which may cause the ATV to overturn." "HOW TO AVOID THE HAZARD, Learn to safely control skidding by practicing at low speeds and on level, smooth terrain." Page 83 states, "Never open the throttle suddenly or make sudden gear changes. The ATV could flip over backward." The aforementioned excerpts from the Operator's Manual were violated on 08/15/00 at the Garrett Landfill in New Berlin, WI. This occurred when a Honda Foreman ES 4 x 4 pulled an 844 pound roll of geo-textile up a slight grade while attaching the roll to the ATV with three metal pipes and harnesses tied together. The largest of the pipes was 3 inches in diameter, and over 17 feet long (wider than the ATV). According to witness accounts, an employee flipped the ATV over backwards after opening up the throttle suddenly. Among other methods, feasible and acceptable means to correct these hazards is to assure that employees follow the instructions listed in the Operator's Manual for the Honda Foreman ES 4 x 4 ATV. Certification, with date and method of abatement 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
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