Violation Detail
Standard Cited: 3A0001 General Duty Clause
Inspection Nr: 306915653
Citation: 01001
Citation Type: Serious
Abatement Date: 05/19/2008 X
Initial Penalty:
Current Penalty:
Issuance Date: 04/02/2008
Nr Instances: 1
Nr Exposed: 5
Related Event Code (REC): A
Gravity:
Report ID: 0253630
Contest Date:
Final Order:
Emphasis:
Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING
NYSLL Article 2, Section 27-a.3.a(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or were likely to cause death or serious physical harm to each of its employees. This will provide reasonable and adequate protection to the lives, safety or health of it's employees. In applying this paragraph, fundamental distinctions between private and public employment has been recognized: a)The employer failed to implement sufficient controls and safeguards necessary to adequately protect its employees from the hazard of being struck by crushing injuries from being exposed to a bucket of the excavator while it was being used to drive in poles on August 22, 2007 at 2223 Quaker Street in Collins NY. Employees were exposed to a crushing hazard while working under an elevated excavator bucket of a CASE 1805B Cruz Air excavator. One reasonable and adequate abatement method, among others, to correct this hazard is to train and require employees to remain outside the danger zone created by suspended loads or raised machine components of excavators, loaders, or other types of hoisting equipment. The use of tag lines or other remote positioning equipment which keeps employees at a safe location could be utilized to protect employees. NIOSH Publication #2004-107 "Preventing Injuries When Working with Hydraulic Excavators and Backhoe Loaders" provides further information.
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