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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1364863.015 Citation: 01001 Issuance: 05/28/2019 ReportingID: 0728500

Viol Type:Serious NrInstances:1 Contest Date:06/24/2019
Abatement Date:02/04/2021 5 Nr Exposed:1 Final Order:11/04/2020
Initial Penalty: $3,978.00 REC:A Emphasis:
Current Penalty: $4,000.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 05/28/2019 $3,978.00 06/21/2019 Serious  
Penalty C: Contested 06/25/2019 $3,978.00 06/21/2019 Serious  
Penalty F: Formal Settlement 11/04/2020 $4,000.00 02/04/2021 Serious  

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 a recognized struck-by hazard relating to working on the ground in close proximity to an operating skid steer: On December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri, the employer exposed an employee to the recognized hazard of being struck by a John Deere Model 329D, PIN 1T0329DJAA0189494 skid steer being used in tree cutting and removal operations. On December 5, 2018, the employer allowed an employee working on the ground performing tree notching operations with a chain saw to work in close proximity to the skid steer as it was being used to push over notched trees. The skid steer, moving with its bucket raised and operating down a steep, rough slope, approached a tree that the ground employee had just notched when the skid steer tipped forward striking the employee, who was standing near the notched tree and in the direct path of the moving skid steer. When the skid steer tipped, its bucket struck the ground employee pinning him to the ground crushing him. The employee died of his injuries. Among other methods, feasible and acceptable means of hazard abatement include: Developing and implementing safety measures to keep employees working on the ground away from the path of the operating skid steer by (i) training employees working on the ground to keep clear of operating skid steers, (ii) training employees operating skid steers to not operate in the vicinity of employees working on the ground, and (iii) implementing and enforcing rules and procedures to ensure that employees working on the ground and employees operating skid steers properly plan and coordinate their activities and that employees working on the ground are not in the path of skid steers. The development and implementation of safety measures should include reviewing and incorporating information from the following resources: (i) the American National ANSI Z133.1 Standard Specification for Chapter 5 SAFE USE OF VEHICLES AND MOBILE EQUIPMENT USED IN ARBCRICULTURE, which requires that off-road and tracked vehicles be operated at the proper speed and in the proper gear relative to the operating environment and that manufacturers instructions and guidelines be followed (5.8.2), (ii) the manufacturers safety and operating precautions, which advises operators to carry the load low for visibility purposes, warns to keep bystanders away from operations, and states the need to be aware of worksite hazards (Safety  Operating Precautions 1-3-2) and (iii) the Association of Equipment Manufacturers (AEM) Safety Manual for Operating and Maintenance Personnel March 2013, which warns to keep bystanders well clear of operation, know the work area before you use the equipment, be aware of possible hazards, and carry the load low and at page 27: Warning: Avoid death or serious injury. Keep the load as low as possible for maximum stability AND visibility.

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