UNITED STATES
DEPARTMENT OF LABOR

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

OSH ACT of 1970 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 struck by hazards from vehicles/equipment to include but not limited to garbage trucks, wheel loaders and forklifts: Workplace, 142 Frelinghuysen Ave, Newark, NJ, Main Building, Single Stream Paper Raw and Finished Materials Storage Areas and Yard, Commingled Materials Raw and Finished Materials Storage Yard a) On or about 05/21/2015 employees performing cleaning, sorting, bail repackaging, mechanic, and administrative duties, were exposed to the hazard of being struck when working and walking in limited work space shared with recycling refuse collection and materials handling equipment including Mack garbage trucks, Caterpillar wheel loaders and a Caterpillar powered industrial truck. Areas where these vehicles operate and employees walk and work include the area between the Loading Dock columns or walls and the tipping pile of raw paper moved by an excavator with a width of approximately 19 feet, the area between the Single Stream Paper processing line and the loading dock which has a width and span of approximately 20 feet by 50 feet, and the area between the paper bailer and comingled bailer that spans approximately 21 feet by 40 feet with a portion limited to a span of approximately 9 feet where a wall perpendicular to this span is located. b) On or about 05/21/2015 employees performing cleaning, sorting, bail repackaging, mechanic, and administrative duties, were exposed to the hazard of being struck when working and walking in areas where Caterpillar wheel loaders with damage and/or disrepair were operated. The 902 Caterpillar wheel loader serial number 7ES00473 was operated with the following damage and malfunctioning devices: broken off/missing left and right rear view mirrors, front window was broken with spider type glass break obstructing the operator's view, rear window was broken with spider type glass break obstructing the operator's view, warning horn on the steering wheel non operative, one of the two front lights that illuminate the operator's front view was broken, front windshield wiper did not work and the rear windshield wiper was not functioning and missing. In addition, a seat belt was available but not used by the operator. The 902 Caterpillar wheel loader serial number 7ES00471 was operated with the following damage and malfunctioning devices: no external side rear view mirrors to assist the operator in rear view operation, missing left front light that illuminates operator's front view, spider type glass break obstructing the operator's view and a damaged door that would not close properly reducing the operator's protection. In addition, a seat belt was available but not used by the operator. The 924G Caterpillar wheel loader serial number HDDA82723 was operated with the following damage and malfunctioning devices: front right light signal lamp was broken off the main light assembly and the front left light was broken wrapped in tape and did not function. In addition, a seat belt was available but not used by the operator.