Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 306069931
Citation: 01001
Citation Type: Serious
Abatement Date: 08/03/2004 X
Initial Penalty: $4,500.00
Current Penalty: $4,500.00
Issuance Date: 07/29/2004
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC): A
Gravity: 10
Report ID: 0625400
Contest Date:
Final Order:
Emphasis:
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 hazard of being struck by vehicles in that on or about 6/15/04: a) At the BFI landfill site in San Antonio,TX, a fatality occurred when a sweeper motor vehicle was struck in the rear bumper by a dump truck. The sweeper's operator, who was not wearing a seat belt was ejected and was run over by the dump truck. The employer did not provide adequate and effective temporary traffic control protective measures or devices to give advance notice to on-coming motorists that sweeper operations were being conducted ahead on the road. The employer failed to protect the sweeper operator who is operating a slow-moving vehicle, in a high volume traffic area and at times, under low and restricted visibility. This is due to the large amount of dust that the sweeper creates as it sweeps dried mud from the surface of the road. Advance warning signs, barricades, a safety vehicle with flashing lights, or a flagman were not posted or placed to alert on-coming motorists that a slow-moving vehicle (sweeper) was operating ahead on the road. Among other methods, feasible and useful,one method to abate this hazard is to comply with the 2003, Manual on Uniform Traffic Control Devices (MUTCD) Section 6B.01 (Fundamental Principles) which states, "traffic control devices used on street and highway construction, maintenance, utility, or incident management (temporary traffic control) operations shall conform to the applicable specifications of this manual".ations
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