OSHA Inspection: DONDERO LAWN CARE & LANDSCAPING LLC

Issued

2007-03-15 00:00:00

Abate by

2007-04-04 00:00:00

Penalty

Initial $3000.00 · Current $1500.00 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 crushing hazard by a Bobcat
Mini excavator:
Jobsite:  The employer did not ensure through a direct observation,
instruction and training that each employee
operating material handling equipment, such as (but not limited to)
excavators that were equipped with Roll-
Over Protective Structure (ROPS) and used within off-highway jobsites was
wearing seat belt at all times to
protect the operators from being ejected from the seat and crushed by the
equipment.
On or About October 24, 2006, the employee operating the Model 331 Bobcat
Mini Excavator to remove a
1820-pound plant glass and root system on a 20-degree inclined grass soil
embankment was not wearing the
seat belt and ejected from the seat when the excavator tipped over. The
employee was crushed by the ROPS
and sustained a fatal injury from the incident.
Among other methods, one feasible and acceptable abatement method to
correct the hazard is to:
1. Follow the Bobcat Mini Excavator's Operation and Maintenance Manual
6901957 (4-02 Rev.1) pertaining
to the use of seat belt.
2. Utilize other effective and useful methods.e