OSHA Inspection: THE TEMPEST COMPANY

Issued

Aug 24, 1998

Abate by

Aug 28, 1998

Penalty

Initial $3,000 · Current $1,500 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 in that
employees were exposed to the hazard of being crushed by, caught by, or
pinched by the
rotating superstructure and/or being ran over by the tracks of the
equipment:
(a)Job Site - On or about 29 June 1998, and at times prior thereto,
employees
routinely access(ed) the front right side of the superstructure of the
Caterpillar
track excavator (Model # 225D, Product Identification  #2SJ00604 ) to store
and retrieve gas pipeline warning tape and tools, thereby exposing them to
the
hazard of being crushed by, caught by, or pinched by the rotating
superstructure and/or being ran over by the tracks of the equipment.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THIS HAZARD IS TO:
Follow the instructions provided  by the manufacturer outlined in the
Caterpillar
Operation & Maintenance Manual for 225D and 231D Track-Type Excavators,
SEBU6295-02, dated August 1991.  The Machine Operation section on page 44
states:  "Be sure no one is working on or near the machine to prevent
injury.  Keep
the machine under control at all times to prevent injury."
NOTE:  Storage of supplies/tools/equipment on the excavator will routinely
cause
employees to access an area which has a restricted view from the operators
cab,
thereby preventing the operator from ensuring that no other employee is
working on
or near the machine.
Note:  Abatement certification and supporting documentation are required
for this item.

Issued

Aug 24, 1998

Abate by

Aug 28, 1998

Penalty

Initial $1,500 · Current $750 Reduced

Issued

Aug 24, 1998

Abate by

Aug 27, 1998

Penalty

Initial $3,000 · Current $1,500 Reduced