Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 315083642
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $7,000.00
Current Penalty: $5,250.00
Issuance Date: 03/31/2011
Nr Instances: 1
Nr Exposed: 9
Abatement Date: 05/17/2011
Gravity: 10
Report ID: 0729700
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 04/25/2011 | $5,250.00 | 05/17/2011 | Serious | |
| Penalty | Z: Issued | 03/31/2011 | $7,000.00 | 05/17/2011 | 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 struck-by hazards of moving garbage truck(s): On or about December 29, 2010 at a trash collection worksite located at 26141 9th Street, Lawrence, Kansas, an employee performing trash collection activities as the "thrower" was exposed to hazards of being struck-by and run over by the refuse truck. A procedure was not developed and enforced to ensure that employees remained in a driving/riding position during collection activities until the refuse truck has come to a complete stop and that all persons are in the clear vision of the driver before movement (forward or backwards) of the truck. Among other methods, one feasible and acceptable method to correct this hazard is: Develop and implement a policy/procedure for drivers and throwers to include: 1) written procedures including, but not limited to, prohibiting the practice of routinely jumping on and off (hopping in and out) of the cab of the truck while the collection trucks are in motion; 2) training on procedures outlined in the May 1997 NIOSH Alert: Preventing Worker Injuries and Deaths From Moving Refuse Collection Vehicles, DHHS (NIOSH) Publication No. 97-110; 3) training on the National Solid Waste Management Association (NSWMA) Manual of Recommended Safety Practices (NSWMA 1988); 4) training on ANSI Z245.1, Section 6.2.3.2 Driving and Riding Positions 5) documentation of training on policy/procedures; 6) monitoring the operation of the refuse trucks and taking appropriate action to ensure proper implementation of the procedures; and 7) equipping refuse collection vehicles with extended fenders or additional body panels to eliminate or reduce the likelihood of workers landing in the path of the vehicle's wheels in the event of a fall. 29 CFR 1903.19(d)(1) requires certification and documentation that the abatement of the above violation is completed.
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