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Occupational Safety and Health Administration OSHA

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Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1477588.015 Citation: 02001 Issuance: 11/25/2020 ReportingID: 0830500

Viol Type:Willful NrInstances:1 Contest Date:12/17/2020
Abatement Date:12/31/2020 Nr Exposed:5 Final Order:
Initial Penalty: $53,975.00 REC:A Emphasis:
Current Penalty: $53,975.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 11/25/2020 $53,975.00 12/31/2020 Willful  
Penalty C: Contested 01/11/2021 $53,975.00 12/31/2020 Willful  

Text For Citation: 02 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, caught-between, and crushing hazards when the employer failed to protect employees from the uncontrolled movement of rail cars: (a) Mountain Reload LLC., at 1001 W 52nd Avenue, Denver, CO: On 6/4/2020, four rail cars were de-coupled into two strings of two rail cars. While an employee was gravity rolling the first string into position for the conveyor several hundred feet from the point of origin, the second string rolled down the rail line approximately 35 seconds after the first string had passed. The second string collided with the first string, forcing the lead rail car into the barrier at the end of the rail line. The employee died of compressional asphyxia when his body was pinned between the leading rail car and the barrier. Gravity rolling rail cars in this method, and not ensuring that unattended rail cars remained stationary, exposed employees to crushing, struck-by, and caught-between hazards. Abatement Note: Among other methods, feasible abatement methods include: 1. Utilize a safe method for moving rail cars, such as the use of a device such as a Shuttlewagon. 2. Ensure that the hand brakes of unattended rail cars are applied. 3. Block the wheels of unattended rail cars. 4. Comply with Union Pacific Railroad Company General Code of Operating Rules, Section 7 "Switching".

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