OSHA Inspection: THE FISHEL COMPANY

Issued

Aug 16, 2000

Abate by

Aug 26, 2000

Penalty

Initial $5,000

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:
a)At the work site, employees were exposed to being struck-by
the backhoe/loader (410-E) while in motion.
Among other methods, feasible and acceptable abatement methods
to correct this hazard include, but are not limited to, the
following:
1.  The operator shall not lift stabilizers and attempt
to move machine while employees are near or around the
swing radius of the front or rear of the backhoe/loader,
and employees shall stay clear of the swing radius at all
times when the machine is in operation.
2.  No employees shall work near or around the
backhoe/loader when the motor is running and stabilizers
are not down to anchor the machine, or when the front end
loader or backhoe is being used.
3.  According to the safety manual for operators and
mechanics on the backhoe/loader, EMI (Equipment
Manufactures Institute) rev. 2/89, page 27;  "All persons
stay clear of backhoe before any operation is performed.
Never enter, or allow anyone else to enter, the backhoe
swing pivot area.  Death or serious injury can result."
OR,IN THE ALTERNATIVE:
29 CFR 1926.21(b)(2): The employer did not instruct each employee
in the recognition and avoidance of unsafe condition(s) and the
regulation(s) applicable to his work environment to control or
eliminate any hazard(s) or any other exposure to illness or injury:
a)At the worksite, the employer did not adequately train the
employees to maintain a safe distance from the 410-E backhoe/loader
when it was in operation, thereby causing a struck-by hazard to one
of the employees.