Violation Detail
Standard Cited: 3A0001 General Duty Clause
Inspection Nr: 316942077
Citation: 01001
Citation Type: Serious
Abatement Date: 06/09/2014 X
Initial Penalty:
Current Penalty:
Issuance Date: 04/23/2014
Nr Instances: 1
Nr Exposed: 41
Related Event Code (REC):
Gravity:
Report ID: 0253680
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 to each of its employees, employment and a place of employment which was free from recognized hazards that are causing or were likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety or health of its employees. In applying this paragraph, fundamental distinctions between private and public employment have been recognized: a) Oneida Herkimer Solid Waste Auth - The employer did not keep the workplace free from the crushing hazard created by the improper operation of the Philadelphia Tramrail Stationary Compactor and Canister. On August 2, 2103, an employee's upper body was crushed between the Philadelphia Tramrail compactor and canister when other employees attempted to push the canister back into the compactor with a loader. Alleged Hazard: The crushing hazard created by the improper operation of the Philadelphia Tramrail Stationary Compactor and Canister. Conditions Observed: According to information obtained from employees who were present when the accident occurred, an Oneida Herkimer Solid Waste Authority employee's upper body was crushed between the Philadelphia Tramrail compactor and canister when other employees attempted to push the canister back into the compactor with a loader. Determination: Section 27-a(3)(a)(1) of the PESH Act requires that "Every employer shall: (1) Furnish to each of its employees, employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees and which will provide reasonable and adequate protection to the lives, safety and health of its employees." The employer was in violation of the general duty clause for the following reasons: (1)The employer failed to keep the workplace free from a hazard to which employees were exposed; The Oneida Herkimer Solid Waste Authority did not keep the workplace free from the hazard of being crushed between the canister and compactor of the Philadelphia Tramrail Stationary Compactor and Canister. On August 2, 2013, when the canister was not secured to the compactor after it was emptied, employees attempted to return the canister to its proper place. Without specific procedures to follow, the employees improvised and used a front end loader to push the canister back into the compactor. An employee's upper body was crushed between the canister and the compactor when the canister was pushed into the compactor. (2)The hazard was recognized; Hazards created by the improper operation of the Philadelphia Tramrail Stationary Compactor and Canister were recognized by the manufacturer because Section 6.2 of the owner's manual states the employer shall be responsible for providing instruction and training in safe methods of work to employees before assigning them to operate, clean, service, maintain or repair the equipment. The hazards created by improper operation were recognized by the American National Standards Institute (ANSI). Section 7.1 of ANSI Standard Z 245.2-2004 for Stationary Compactors - Safety Requirements for Installation, Maintenance and Operation states the owner/operator shall be responsible for (b) providing to employees instruction and training in safe work methods before assigning them to operate, clean, service, maintain, modify, or repair the stationary compactor and (c) providing instructions for addressing abnormal situations. The hazards created by improper operation were also recognized by the National Institute for Occupational Safety and Health (NIOSH) in the NIOSH Alert - Preventing Deaths and Injuries While Compacting or Bailing Refuse Material. The NIOSH Alert advises employers to train workers to recognize compactor and bailer hazards and implement standard procedures for dealing safely with material jams to reduce the risk of worker injuries and deaths. (3)The hazard was causing or was likely to cause death or serious physical harm; An employee was fatally injured when the employee's upper body was crushed between the compactor and canister when the canister was pushed into the compactor with a front end loader. (4)A reasonable and adequate method to correct the hazard exists; A reasonable and adequate method to correct the hazard includes, but is not limited to developing and implementing procedures for dumping the canister. The procedures, at a minimum, should include methods to account for employees in the area and increase employee visibility in the area, methods to reduce pedestrian traffic through the area and instructions for addressing abnormal situations. Then, training employees on the procedures and enforcing the procedures for dumping the canister to the Philadelphia Tramrail Compactor at the Recycling Center. The employer should also follow recommendations made in ANSI Standard Z 245.2- 2004 for Stationary Compactors - Safety Requirements for Installation, Maintenance and Operation and by the manufacturer.
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