Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 543099.015
Citation: 01001
Citation Type: Serious
Abatement Date: 10/01/2012 2
Initial Penalty: $7,000.00
Current Penalty: $4,200.00
Issuance Date: 08/30/2012
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): C
Gravity: 10
Report ID: 0830300
Contest Date:
Final Order: 10/01/2012
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 10/01/2012 | $4,200.00 | 10/01/2012 | Serious | |
| Penalty | Z: Issued | 08/30/2012 | $7,000.00 | 10/01/2012 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
Section 5(a)(1): 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 a potential struck-by and/or crushing hazard: (a) At the Archer Daniels Midland processing plant near Velva, ND, where, on or about 07/05/2012, employees riding on the side of railcars during switching operations were exposed to a potential struck-by and/or crushing hazard where the railcars being pushed onto the switch-over track from track #3 to track #2 struck the rear of a railcar parked on track #3. Acceptable methods to abate this hazard would include: 1. Add a section to the written ADM railroad safety program identifying what Push to Clear means and train employees in the proper method for spotting railcars on rail lines using this method to ensure that rail lines are not fouled and create a condition where railcars being pushed could make contact with, or collide with, other railcars parked on an adjoining rail line or switch over track. 2. Mark all rail lines with clearance points and train employees to ensure that when spotting and parking railcars the rear of the last railcar is well beyond the clearance point. 3. If the abatement methods identified above are not feasible, prohibit employees from riding the sides of railcars. Reference GCOR Section 7.0 Switching - Subsection 7.1 Switching Safely and Efficiently: On tracks where clearance point is indicated, leave equipment beyond clearance point. If the clearance point is not indicated or visible, determine the clearance point by standing outside the rail of adjacent track and extend arm towards equipment. When unable to touch the equipment, leave equipment at least an additional 50 feet into the track to ensure equipment is beyond the clearance point. NOTE: This is commonly referred to as PUSH TO CLEAR. Reference Federal Railroad Administration: 49 CFR Part 218.101: Paragraph (b): Rolling and on-track maintenance of way equipment shall not be left where it will foul a connecting track. Paragraph (c): Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car.
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