OSHA Inspection: MOTIVA ENTERPRISES

Issued

Feb 2, 1999

Abate by

Feb 8, 1999

Penalty

Initial $7,000

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:
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: a) On October
16, 1998, employee(s) of the in-plant railroad department were exposed to
the hazards of being
struck by, run over by or crushed by moving railcars, tank cars, etc., in
that there were no
specified procedures for the safe movement of railcars.  Employee(s) were
directing rail car
movement by radio communication only.  The communication between the
locomotive engineer
and the engine operator/switcher was not continuous nor was the distance
of the movement of
the railcars specified.  The movement was not stopped in one-half the
remaining distance when
additional instructions or communications were not received.
Among other methods, one feasible and acceptable method of abatement is to
develop, adopt and
enforce rules and procedures which are consistent with 49 CFR of the
Federal Railroad
Administration, including but not limited to, 49 CFR 220.49 which states:
"When radio
communication is used in lieu of hand signals in connection with the
switching, backing or
pushing of a train, engine or car, the employee directing the movement
shall give complete
instructions or keep in continuous radio contact with employees receiving
the instructions.  When
backing or pushing a train, engine or cars, the distance of the movement
must be specified, and
the movement must stop in one-half the remaining distance unless
additional instructions are
received.  If the instructions are not understood or continuous radio
contact is not maintained,
the movement shall be stopped immediately and may not be resumed until the
misunderstanding
has been resolved, radio contact has been restored, or communication has
been achieved by hand
signals or other procedures in accordance with the operating rules of the
railroad."
DISCLAIMERS:
1)  You are not limited to the abatement methods suggested above.
2)  The methods explained are general and may not be effective in all
cases.
3)  The employer is responsible for selecting and carrying out an
appropriate method.