Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 304076268
Citation: 01001
Citation Type: Serious
Abatement Date: 08/24/2001 X
Initial Penalty: $7,000.00
Current Penalty: $2,425.00
Issuance Date: 06/13/2001
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): A
Gravity: 10
Report ID: 0214200
Contest Date: 07/03/2001
Final Order: 11/29/2001
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 11/29/2001 | $2,425.00 | 08/24/2001 | Serious | |
| Penalty | Z: Issued | 06/13/2001 | $7,000.00 | 06/19/2001 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY
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 the danger of being struck and/caught between equipment. a) Exterior west side of buildings at 4711 and 4801 Dell Ave., North Bergen, N.J.; An employee standing between a parked John Deere backhoe/loader and a refuse container, was killed after a roll-off container type truck which had been driven too close to a passing freight train was struck by and became entangled with that train. As the truck was dragged, it was pushed into the backhoe, which in turn was then pushed into the refuse container. The container itself, was subsequently pushed into and through an adjacent brick wall. Note: Prior to the day of the accident, a number of employees routinely operated trucks in the area adjacent to the tracks when trains were approaching and/or passing by. Among other methods feasible and acceptable methods of abatement include, but are not limited to: (1) Communicate and enforce the company's "no drive" policy prohibiting the operation of vehicles when trains are present or approaching. (2) Build a barrier which keeps vehicular traffic from getting too close to the active rail line. Violation occurred on or about 12/15/00.
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