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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 307837344 Citation: 01001 Issuance: 06/08/2005 ReportingID: 0418100

Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:06/20/2005 X Nr Exposed:2 Final Order:
Initial Penalty: $4,900.00 REC:A Emphasis:
Current Penalty: $4,900.00 Gravity:10 Haz Category:GUARDING


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

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 the "danger zone" and swing radius of an excavator during full operation. A.) On or about 2/7/05, at the Bethesda School Road job site, employees were permitted to walk into the swing radius and "danger zone" of an excavator during full operation at the job site. An employee was fatally struck as he traveled through the excavator's swing radius in attempts to access another area of the job site by foot. Feasible and useful methods of abatement are for the employer to implement, train and enforce policies requiring employees to avoid the swing radius and "danger zone" of any excavator or any moving piece of equipment used on a job site. Also, implement policies requiring excavator operators to barricade the swing radius or "danger zone" of any excavator in use at any job site so as to prohibit employees from traveling into the excavator's swing radius during operation.s

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