OSHA Inspection: ROST LANDSCAPING AND DESIGN, INC.

Issued

Dec 20, 1996

Abate by

Feb 28, 1997

Penalty

Initial $1,500 · Current $300 Reduced

General-duty citation text

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.
(a)In that the employer did not assure that an employee utilized the
available seat
belt in accordance with Manufacturers Instructions while operating a CASE
1845C Uni-Loader skid steer, Serial Number JAF0144602.  The employee was
moving and grading topsoil near a retaining wall located at the site of
the new
DataStorm Building when the skid loader continued on a path over the wall.
It
landed backwards on the surface below and rolled on to its side.  The
employee sustained injuries rendering him unconscious.  The lack of seat
belt
usage contributed to the employee coming to rest in a bodily position which
resulted in asphyxiation.
While ultimate responsibility for correcting the hazard rests with the
employer,
given his
superior knowledge of the workplace, one feasible and acceptable method,
among others, to
correct this hazard, is to assure employees wear seat belts in accordance
with the
manufacturer's warnings and instructions.s

Issued

Dec 20, 1996

Abate by

Feb 28, 1997

Penalty

Initial $750 · Current $1,385