Violation Detail
Standard Cited: 510001 A Duties of Employers
Inspection Nr: 309436574
Citation: 01001
Citation Type: Willful
Abatement Date: 03/27/2006 I
Initial Penalty: $70,000.00
Current Penalty:
Issuance Date: 03/22/2006
Nr Instances: 6
Nr Exposed: 6
Related Event Code (REC):
Gravity: 10
Report ID: 0355114
Contest Date: 04/11/2006
Final Order: 11/05/2007
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | Y: State Decision | 11/05/2007 | 03/27/2006 | Willful | ||
| Penalty | Z: Issued | 03/22/2006 | $70,000.00 | 03/27/2006 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY
Title 40.1-51.1(a) Code of Virginia: At this inspection site, 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 struck-by hazards while working near retaining walls along Washington Metropolitan Area Transit Authority (WMATA) train tracks. On October 1, 2005, an employee picking up electrical cords was struck by an WMATA train while between track # 1 and the retaining wall. He subsequently died of his injuries on October 15, 2005. The victim was part of a work crew that had been drilling weep holes into the retaining walls. Members of the work crew crossed track #1 approximately 6 times during the work shift. At the time of the accident, the crew had completed its work and was cleaning up, and tools and equipment were being transported across tracks #2 and #1 to the loading gate area which was located on the track #1 side. The "third rail," which is energized while trains are running, was not de-energized while the work crew was crossing the tracks, although it had been shut down the day before the accident so employees could carry tools and equipment across the track. The investigation revealed that supervisors of the work crew did not obtain written work orders for work on track # 2, but were instead told verbally to complete the work (a work order was obtained during the previous week for doing the same work around track #1). The supervisors did not call the Operation Control Center (OCC) to inform them that they would be working on track #2 on the day of the accident, although they had done it the previous day. Flaggers were not available as employees crossed active tracks. At the time of the accident, witnesses indicated that before the train struck the victim no warning horn was sounded as it exited the portal. The investigation revealed that during the two day operation some train operators sounded the horn and some did not. The train was traveling at a normal operating speed under Automatic Train Operation (ATO) from the OCC (ATO speed can range from 25-40 mph), and not at a reduced "restricted speed" of 15 mph. One feasible and acceptable method, among others, to correct this hazard is for the employer to assure that supervisory personnel and employees are retrained on and comply with the following current WMATA operation procedures: Page 28 Section 3.87: Rail vehicle shall sound their horns when entering and exiting tunnel portals, except at the portals listed below, where an automatic warning system has been installed. 1. Potomac Yard 2. Silver Spring 3. Grosvenor 4. West Hyattsville Page 35 Section 3.146: "Employees engaged in work that can obstruct the safe passage of trains must be provided with flagging protection." Page 36 Section 3.155: "The employee in charge of the work group shall notify OCC when flagging protection is established." Page 85 Section 4.180b: "When it is necessary for employees to walk beyond the platform end gate where the walkway is not protected by a hand rail, or to walk or work on the tracks around moving trains or track equipment, they shall: b. Prior to entering the track area, contact OCC for main line access and/or the appropriate tower for yardaccess, indicating work area and the purpose of the work. If required, a request shall be made for OCC or the Interlocking Operator to make periodic announcements to Train Operators.(Related to rule 4.180.1)." Page 197 SOP#19 Section 19.7: "Personnel requiring access rights are responsible for: advising OCC of their work areas and after approval by OCC, monitoring the appropriate radio frequencies during access." Page 198 SOP# 19 Section 19.10: "All requests to obtain access rights for authorized WMATA personnel must be coordinated with and be approved by OCC prior to entering the right-of-way. OCC must be also be notified when personnel have completed their tasks and are clear of the right-of-way. All other access rights must appear on the general order." Page 198 SOP# 19 Section 19.11: "All requests to obtain access rights must be submitted via the General Orders & Track Rights System(GOTRS), to the Superintendent of OCC by 1700 on the Wednesday preceding the scheduled week. When a holiday falls on a Thursday, all requests must be submitted by 1000 Wednesday." Page 243 SOP#30 Section 30.2: "The maintenance person in charge of the work crew must contact OCC and request that a speed restriction be established. The maintenance person must identify the work area by line and location, its limits, the track numbers, the time the speed restriction should be established and approximate time for removal. a. Notify OCC to establish the speed restriction. b. Establish flagging in accordance with the Handbook of Metrorail Operating Rules. page 244 SOP #30 Section 30.5 Upon arrival at the work area, the maintenance person in charge of the work crew shall: c. Wait for assurance from OCC that speed restriction is established and OCC authorizes entry on the tracks to start work."
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