Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1705019.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $14,518.00
Current Penalty: $9,436.70
Issuance Date: 02/20/2024
Nr Instances: 1
Nr Exposed: 8
Abatement Date: 04/05/2024
Gravity: 10
Report ID: 0728900
Contest Date:
Final Order: 03/15/2024
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 03/15/2024 | $9,436.70 | 04/05/2024 | Serious | |
| Penalty | Z: Issued | 02/20/2024 | $14,518.00 | 04/05/2024 | Serious |
Text For Citation: 01 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: At a worksite operated by the Adams Land and Cattle, South Feed Lot located at 79574 Road 438. Broken Bow, Nebraska, the employer's engineering and projects department had designed and implemented gate enhancements to certain gate handles to allow ground employees to open and close gates while reducing the risk of potential injuries. The gates were already equipped with a higher handle specifically designed to be opened by a rider on horseback. The employer added a second lower handle so that the gates could also be opened by employees on foot from the ground that created an entanglement hazard because the modification created a protrusion that could interfere with riders on horseback. On October 5, 2023, a horse's bridal became caught on one of the lower gate handles causing the horse to pull away from the gate resulting in the 1ider falling from the horse to the ground. The rider was se1iously injured and approximately two weeks after the fall while recovering, the rider died of a blood clot. The employer restored the handles to their original design. FEASIBLE AND ACCEPTABLE ABATEMENT METHODS TO CORRECT THIS HAZARD INCLUDE BUT ARE NOT LIMITED TO: 1. Removing the protruding handles from the gates to restore the handles to their original design so that they will not jab or become entangled with the horse or rider when in use. 2. Installing a "Slam Gates," used frequently throughout the industry, that lock automatically upon being pushed closed, and which can be used by both employees on foot and on horseback, eliminating the exposure of the horse and rider to a gate handle. 3. Implementing rules and procedures which immediately stop use of equipment identified as posing a hazard to employees until the hazard can be eliminated. 4. Implementing rules and procedures prohibiting modifications to manufacturer's original equipment designs without review by a qualified engineer or other qualified professional.
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