UNITED STATES
DEPARTMENT OF LABOR

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 fall, struck by and caught in hazards while working from and riding in an excavator bucket: (a)Construction site near UWEC 5 Roosevelt Avenue, Eau Claire, WI; An employee was working from a 3 yard sand bucket, suspended approximately 8' 6" by a Volvo EC460B model excavator, to access a vertical pipe above a trench. AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE MEANS OF ABATEMENT COULD INCLUDE, BUT MAY NOT BE LIMITED TO; 1) FOLLOW THE VOLVO EC460B OPERATORS MANUAL WHICH STATES ON PAGE 113, "DO NOT OPERATE THE MACHINE WHILE SOMEONE IS HANGING ON OR IN THE BUCKET OR ATTACHMENTS." 2) FOLLOW THE ASSOCIATION OF EQUIPMENT MANUFACTURERS (AEM) SAFETY MANUAL FOR OPERATING AND MAINTENANCE PERSONNEL- HYDRAULIC EXCAVATOR, DATED 02/03, WHICH STATES ON PAGE 20 "WARNING: NEVER USE A BUCKET FOR A WORK PLATFORM OR PERSONNEL CARRIER." 3) FOLLOW THE NIOSH PUBLICATION, PREVENTING INJURIES WHEN WORKING WITH HYDRAULIC EXCAVATORS AND BACKHOE LOADERS, WHICH STATES "NEVER PERMIT WORKERS TO RIDE IN OR WORK FROM EXCAVATOR OR BACKHOE LOADER BUCKETS." Abatement note: Abatement certification and documentation are required for this item in accordance with the requirements of 29 CFR 1903.19(d).s