OSHA Inspection: KANSAS CITY SOUTHERN RAILWAY CO.

Issued

1999-08-06 00:00:00

Abate by

2000-02-11 00:00:00

Penalty

Initial $70000.00 · Current $42000.00 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:
(a)The possibility of death, dismemberment, and severe crushing injuries
from
being struck and/or run over while performing their normal job duties on
employer's property, by contractor's operation of motorized off-rail mobile
equipment (i.e., hostling-type tractor/trailer combination units and large
intermodal lift trucks).  Over a three-year period, employer had been
notified
repeatedly of the existence of said hazards in its Kansas City intermodal
ramp
facility through complaints filed by duly authorized employee
representatives,
and employer failed to take appropriate steps to adequately protect its
workers.
On or about February 17th, 1999, at the employer's intermodal facility
located
at 5330 Gardner, Kansas City, MO., an employee performing his normal job
duties was struck from behind, run over, and killed by an intermodal lift
truck
being driven by a contractor employee.
While ultimate responsibility for correcting the hazards rests with the
employer, given its superior knowledge of the workplace, feasible and
acceptable methods to correct the hazards, among others, are: (1) to
utilize existing radio communication systems to restrict vehicular
movements in proximity to train crews during the brief periods of time
required for them to perform their work;  (2) monitor and enforce
contractor's compliance on employer's property with all relevant safety
rules such as yard speed limits, rail crossing procedures, train right-of-
ways, track protection procedures, and equipment operating clearances;
(3) provide employee transportation in company vehicles to minimize
pedestrian activity within the ramp area of the rail yard;  and, at a
minimum, (4) apply markings to pavement to clearly delineate safe
walking areas from equipment travel lanes, and provide reflective
outerwear for its employees working in the ramp area.
Abatement certification is required for this violation (using the
CERTIFICATION OFCORRECTIVE ACTION WORKSHEET), and in addition,
documentation demonstrating that
abatement is complete must be included with your certification.  This
documentation may
include, but is not limited to, evidence of the purchase or repair of the
equipment,
photographic or video evidence of abatement, or other written records.