Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311466817
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $6,650.00
Current Penalty: $3,658.00
Issuance Date: 07/22/2009
Nr Instances: 2
Nr Exposed: 2
Abatement Date: 08/28/2009
Gravity: 10
Report ID: 0728900
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 08/05/2009 | $3,658.00 | 08/28/2009 | Serious | |
| Penalty | Z: Issued | 07/22/2009 | $6,650.00 | 08/24/2009 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY
29 CFR 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 are exposed to fall and struck-by hazards caused by not determining whether the alterations made to a skid steer loader met the manufacturers design criteria for the vehicle. Throughout the job site located at Building 600, Lincoln Air National Guard Base, Lincoln, NE - The employer is failing to ensure that employees working on the site are protected from fall and struck-by hazards associated with the alteration and operation of the skid steer on this site. The employer has shop fabricated a forklift mast to fit on the skid steer's coupling device so as to lift personnel to elevation to facilitate high level work. The employer made this alteration to the vehicle without conducting an engineering study, Job Hazard Analysis to determine the feasibility of this configuration falling within the manufacturer's design specification/limitations for the vehicle. The employer also failed to contact the manufacturer to obtain information about or approval to make this alteration to the vehicle. Two employees were injured, one fatally when the platform tipped over with the employees elevated above it throwing them onto the concrete below. Among other methods, feasible and acceptable methods of abatement are: 1) Ensure that an engineering study be done to the vehicle and the mast to ascertain the vehicle's ability to safely perform in the manner intended by the employer. 2) Contact the manufacturer of the skid steer loader to determine if the vehicle was designed to perform in the manner the employer is attempting to use it. 3) Obtain written approval from the manufacturer allowing the employer to alter the vehicle to perform in this configuration. 4) Conduct a Job Hazard Analysis to identify, access and either alleviate or mitigate all hazards to the employees for this operation. Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.ion
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