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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Violation Items

Nr: 301403507 Citation: 01001 Issuance: 02/02/1999 ReportingID: 0626700

Viol Type:Serious NrInstances:1 Contest Date:03/22/1999
Abatement Date:02/08/1999 Nr Exposed:1 Final Order:08/25/1999
Initial Penalty: $7,000.00 REC: Emphasis:
Current Penalty: Gravity:10 Haz Category:CRUSHING

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 02/02/1999 $7,000.00 02/08/1999 Serious  
Penalty J: ALJ Decision 08/25/1999 02/08/1999 Serious  

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

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: 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: Section 5(a)(1) of the Occupational Safety and Health Act of 1970: 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: a) On October 16, 1998, employee(s) of the in-plant railroad department were exposed to the hazards of being struck by, run over by or crushed by moving railcars, tank cars, etc., in that there were no specified procedures for the safe movement of railcars. Employee(s) were directing rail car movement by radio communication only. The communication between the locomotive engineer and the engine operator/switcher was not continuous nor was the distance of the movement of the railcars specified. The movement was not stopped in one-half the remaining distance when additional instructions or communications were not received. Among other methods, one feasible and acceptable method of abatement is to develop, adopt and enforce rules and procedures which are consistent with 49 CFR of the Federal Railroad Administration, including but not limited to, 49 CFR 220.49 which states: "When radio communication is used in lieu of hand signals in connection with the switching, backing or pushing of a train, engine or car, the employee directing the movement shall give complete instructions or keep in continuous radio contact with employees receiving the instructions. When backing or pushing a train, engine or cars, the distance of the movement must be specified, and the movement must stop in one-half the remaining distance unless additional instructions are received. If the instructions are not understood or continuous radio contact is not maintained, the movement shall be stopped immediately and may not be resumed until the misunderstanding has been resolved, radio contact has been restored, or communication has been achieved by hand signals or other procedures in accordance with the operating rules of the railroad." DISCLAIMERS: 1) You are not limited to the abatement methods suggested above. 2) The methods explained are general and may not be effective in all cases. 3) The employer is responsible for selecting and carrying out an appropriate method.

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