Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1910.132(a): Protective equipment was not used when necessary and was not maintained in a reliable condition whenever hazards capable of causing injury and impairment were encountered: (a) Gavilon Grain LLC dba Peavey, 7211 Shawnee, Harpster, Ohio: On or about June 2, 2011, at work site located at 116 W. Neff Street, Morral, Ohio, the employer did not ensure that while accessing the retractable lanyard suspended above the rail car, an employee was provided fall protection. The employee stood on top of the rail car in order to reach the snap hook of the self-retracting lanyard and was exposed to a fall of 15 feet to compacted stone. (b) Gavilon Grain LLC dba Peavey, 7211 Shawnee, Harpster, Ohio: On or about June 8, 2011, at work site located at 116 W. Neff Street, Morral, Ohio, the employer did not ensure that one of the self-retracting lanyards provided to employees to prevent a fall from the top of a rail car was in good operating condition. The lanyards retracting/stopping mechanism was damaged on or about June 2, 2011, and the unit was not taken out of service. Employees, who were unaware that the equipment was defective, could have used the lanyard and been at risk of serious injury if they fell and the lanyard failed to work properly. (c) Gavilon Grain LLC dba Peavey, 7211 Shawnee, Harpster, Ohio: On or about June 8, 2011, at work site located at 116 W. Neff Street, Morral, Ohio, the employer did not ensure that while standing on top of the rail car while grain was loaded into the cars, an employee was protected from falling. The employee walked across the top of the car, opened the doors on top of the car, stepped across open doors, and closed the doors on top of the car without the benefit of fall protection. The employee was exposed to a fall of 15 feet to compacted stone and was exposed to an engulfment hazard in the event the employee fell into the rail car which contained soy beans.