OSHA Inspection: HUGHES EXCAVATING COMPANY

Issued

Mar 18, 1999

Abate by

Mar 24, 1999

Penalty

Initial $5,000 · Current $2,500 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not
furnish a place of employment which was 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 crushing from equipment rollover.
5(a)(1) ELEMENTS:
(1) Hughes Excavating Company at County Road 107, Carbondale, Colorado.  On
11-14-98, an employee was driving down a Raygo Rascal, Model 303A, Self-
Propelled Smooth Drum Vibrating Roller, southbound on a steep mountain
road when suddenly the compactor gained speed and ran off to the right
into a
steep embarkment and overturned.  The employee was ejected and was crushed
by the equipment.  The compactor was not equipped with Rollover Protection
Structures (ROPS) and Seat Belt.  This is required by American National
Standard SAE J1040, 5-1994, the standard for Performance Criteria For
Rollover Protective Structures (ROPS) For Construction, Earthmoving,
Forestry, and Mining Machines, as well as by the manufacturer's
specifications in the Operator's Manual which listed the ROPS and Seat
Belt
as
standard features for this type of equipment.
(2)The is a recognized hazard in the construction industry as supported
under The
American National Standard SAE J1040, 5-1994, the standard for Performance
Criteria For Rollover Protective Structures (ROPS) For Construction,
Earthmoving, Forestry, and Mining Machines, as well by the manufacturer's
specifications on the Operator's Manual which listed ROPS and Seat Belt as
standard features in this type of equipment.
(3)The hazard is causing or likely to cause serious physical harm in that
according to a study of BLS's Census Of Fatal Occupational Injuries the
roller
compactors were most often involved in fatal overturns at road
constructions
sites.
(4)Among other methods, one feasible and acceptable method to correct the
hazard is to ensure that Rollover Protection Structures (ROPS) and Seat
Belt
are installed on the compactor and that the operators are required to use
the
seat beat, or limit the equipment to terrain where a rollover hazard does
not
exist.
Abatement Note:  Abatement certification and documentation are required
for this item (See
enclosed "Sample Abatement-Certification Letter").

Issued

Mar 18, 1999

Abate by

Mar 23, 1999

Penalty

Initial $5,000 · Current $2,500 Reduced

Issued

Mar 18, 1999

Abate by

May 4, 1999