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Inspection Detail
Inspection: 1491432.015 - 146271 - Banner Elk Winery, Inc.
Inspection Information - Office: Nc Department Of Labor - Winston-Salem
Site Address:
146271 - Banner Elk Winery, Inc.
135 Deer Run Lane
Banner Elk, NC 28604
Mailing Address:
P.O. Box 1595, Banner Elk, NC 28604
Union Status: NonUnion
SIC:7011
NAICS: 721191/Bed-and-Breakfast Inns
Inspection Type: Fat/Cat
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Health
Close Conference: 09/14/2020
Emphasis:
Case Closed: 03/31/2021
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 1655967 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 2 | 1 | 3 | |||
| Current Violations | 2 | 1 | 3 | |||
| Initial Penalty | $5,600 | $0 | $0 | $1,000 | $0 | $6,600 |
| Current Penalty | $5,600 | $0 | $0 | $1,000 | $0 | $6,600 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 95.129(01) | 12/18/2020 | 12/31/2020 | $2,800 | $2,800 | $0 | Z - Issued | ||
| 2. | 01002 | Serious | 95.129(01) | 12/18/2020 | 12/31/2020 | $2,800 | $2,800 | $0 | Z - Issued | ||
| 3. | 02001A | Other | 19040039 A01 | 12/18/2020 | 12/22/2020 | $1,000 | $1,000 | $0 | Z - Issued | ||
| 4. | 02001B | Other | 19040039 A02 | 12/18/2020 | 12/22/2020 | $0 | $0 | $0 | Z - Issued |
Investigation Summary
At 12:00 a.m. on July 30, 2020, Employee #1 and a coworker were operating a Polaris XP 900 UTV. They were engaged in routine trash pick on the winery property when the UTV dropped off the right side of the pavement and came back across the road then rolled over down the hill. Employee #1, who was a passenger, died when he was thrown from the vehicle. The coworker, who was driving the vehicle, incurred soft tissue injuries, a concussion, and potential Traumatic Brain Injury (TBI). The narrative did not indicate whether the coworker was hospitalized. The equipment was designed and manufactured for off-road use only, as the vehicle possessed off-road tires, which increased the risk of rollover when operated on paved roads.
Keywords: Brain, Concussion, Ejected, Equipment Failure, Roll-Over, Struck By, Traumatic, Vehicle
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1491432.015 | 27 | M | Fatality | Occupation not reported |