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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: 01002 Issuance: 05/28/2019 ReportingID: 0728500

Viol Type:Serious NrInstances:1 Contest Date:06/24/2019
Abatement Date:02/04/2021 5 Nr Exposed:2 Final Order:11/04/2020
Initial Penalty: $3,978.00 REC:A Emphasis:
Current Penalty: $0.00 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 $0.00 02/04/2021 Serious  

Text For Citation: 01 Item/Group: 002 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 operating a skid loader were exposed to ejection, crushing, and blunt force trauma hazards when the skid steer was traveling down a slope with the bucket raised: On December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri, the employer exposed an employee operating a John Deere Model 329D, PIN 1T0329DJAA0189494 skid steer in tree cutting and removal operations to being ejected, crushed, or injured when it allowed the skid steer to travel down a slope with the bucket raised. On December 5, the employer was using the skid steer to clear small trees from a creek bed. An employee working on the ground used a chain saw to notch the trees. An employee operating the skid steer used the skid steer to push the trees over by raising the bucket and pushing it against a raised place on the trunk until the tree fell. In approaching one of the trees to be felled, the skid steer proceeded down a rough, steep slope with its bucket raised. The skid steer should not have been traveling down the slope with the bucket raised and the skid steer tipped forward, driving its bucket into the ground causing the driver to strike his head. Among other methods, feasible and acceptable means of hazard abatement include: Developing and implementing safety measures to prevent employees operating skid steers from traveling down slopes in skid steers with the buckets in a raised position by (i) training employees to keep the bucket lowered when traveling and (ii) putting in place and enforcing rules preventing operation of skid steers from traveling with the bucket in a raised position. The development and implementation of safety measures should include reviewing and incorporating information from the following resources: (i) the manufacturers instruction: Safety - Operating Precautions 1-3-2 which provides: when working on steep slopes, travel as straight up and down as possible and keep the heavy end of the vehicle uphill to prevent machine tip over. Carry the load as low as possible for maximum stability and visibility. Select low speed before starting down slope. The slope on which you can operate safely will be limited by ground condition and the load being handled; (ii) the Operators Manual for John Deere 329D and 333D Compact Track Loader: Safety Operating Precautions which provides at page 1.3.3: Be careful on slopes. Avoid sharp turns. Balance loads so weight is evenly distributed; (iii)ANSI Standard 133.1 Safety Requirements for Arboricultural Operations. Chapter 5 SAFE USE OF VEHICLES AND MOBILE EQUIPMENT USED IN ARBORICULTURE which provides at Section 5.8 -Specialized Units. 5.8.2: Off-road and tracked vehicles shall be operated at the proper speed and in the proper gear relative to the operating environment, and the manufacturers instructions and guidelines; and (iv) the Association of Equipment Manufacturer (AEM) Safety Manual for Operating and Maintenance Personnel March 2013 which provides at page 11: 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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