Text For Citation: 01 Item/Group: 004 Hazard:

29 CFR 1910.180(h)(3)(v): Hoisting, lowering, swinging, or traveling was done while employee(s) were on the load or hook: a. On or about February 18, 2016, in the backyard of a private residence, an employee was attached to the crane's hoist line without a man-basket and was lifted into a live oak tree exposing employees was exposed to struck-by, fall hazards and death. b. On or about February 22, 2016 an employee was being hoisted by the load line of the crane to de-limb a live oak tree to make notch cuts and back cuts to top the tree exposing the employee to being crushed-by the falling tree. Or in the alternative: OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing hazards: a. On or about February 18, 2016, the employer lifted an employee 20-foot by attaching the employee to the load line of the crane and then instructed the employee to notch a live oak tree, after he made the 1st cut the employee lost control of the tree trunk and did not have a adequate escape route, the tree fell due to the notch cut and rot/bug infestation, the employee was crushed to death by the tree trunk when became tramped by the falling tree. b. On or about February 22, 2016 an employee was being hoisted by the load line of the crane to de-limb a live oak tree to make notch cuts and back cuts to top the tree exposing the employee to being crushed-by the falling tree.