Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 307041558
Citation: 01001
Citation Type: Serious
Abatement Date: 02/02/2007 X
Initial Penalty: $3,000.00
Current Penalty: $2,100.00
Issuance Date: 11/03/2006
Nr Instances: 1
Nr Exposed: 3
Related Event Code (REC): A
Gravity: 10
Report ID: 0523900
Contest Date:
Final Order:
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 11/30/2006 | $2,100.00 | 02/02/2007 | Serious | |
| Penalty | Z: Issued | 11/03/2006 | $3,000.00 | 11/09/2006 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING
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 hazards of being ejected from and/or sustaining serious bodily injuries during the operation of construction heavy equipment without the employer enforcing the utilization of seat belts or other restraint devices: (a)Pember Companies, Inc., Interstate 94, exit 45 westbound off ramp accident site: An employee was operating a rubber tired front end loader to load a dump truck, which was directly adjacent to and partially on an embankment with a grade of approximately 18-20 degrees. While loading, The loader rolled over down the embankment and partially ejected the employee causing fatal crushing injuries. The loader was equipped with a functional seat belt, which the equipment operators manual stated should always be worn. The employer did not have a specific policy or training requirement in place for employees to utilize seat belts when operating heavy equipment. AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE METHODS TO CORRECT THIS HAZARD ARE TO: (1) Instruct each heavy equipment operator to use the operators restraint systems (seat belts) as exemplified with this particular front end loader (Komatsu WA250-3MC) in the Operator & Maintenance Manual in the following sections: PRECAUTIONS DURING OPERATIONS IN THE OPERATORS CAB, page 1-9, which states "ALWAYS use seat belts when operating your machine", PRECAUTIONS WHEN STARTING OFF, page 1-11, which states "Always fasten the seat belt", and SEAT BELT ADJUSTMENT, page 2-44, which states "Always fasten the seat belt before operations". (2) Enforce the requirement for the utilization of seat belts when operating heavy equipment, during employee safety and health training. (3) Ensure site supervisors/foreman are periodically monitoring heavy equipment operators to ensure that seat belts are being utilized when required. Abatement Certification and Documentation Required.
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