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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1405530.015 Citation: 01001 Issuance: 09/03/2019 ReportingID: 0728900

Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:10/21/2019 2 Nr Exposed:1 Final Order:09/27/2019
Initial Penalty: $11,934.00 REC:A Emphasis:
Current Penalty: $10,000.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 09/03/2019 $11,934.00 10/21/2019 Serious  
Penalty I: Informal Settlement 09/27/2019 $10,000.00 10/21/2019 Serious  

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

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 exposed to rollover or impact hazards while pulling rail hopper cars with a tractor and a single tow rope attached to the rear of the tractor: Employees were exposed to a potential hazard of a rollover or impact hazards while pulling rail hopper cars with a John Deere tractor and the use of a single tow line/chain attached to the back of the tractor. This was most recently documented at 901 East Hwy 6, Imperial, Nebraska 69033 on June 4, 2019. AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE ABATEMENT METHODS TO CORRECT THIS HAZARD ARE: 1) Move railcars by pushing rather than pulling or by the use of a secondary chain or tow rope connected to the front end of the tractor and to the railcar to secure the movement of the railcar. This would include the use of a tug system specifically designed to move railcars and maintain control. 2) Utilize a vehicle to move rail cars that has a rollover protection system to insure that in the event of an issue, the operator is afforded additional protection. This would be in addition to any abatement providing greater control of the railcar movement and would not be acceptable as the only form of abatement. 3) Develop a hazard assessment for the operational procedures for moving a railcar, which includes checking the operational status of railcar braking systems. 4) Develop an operational procedure to address safely moving a railcar and provide training to affected personnel on the new procedure. 5) Develop a process to move railcars into place that would eliminate physically attaching a railcar to a moving vehicle.

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