OSHA Inspection: J.F. KILEY CONSTRUCTION CO.

Issued

Sep 30, 1999

Abate by

Nov 19, 1999

Penalty

Initial $1,500 · Current $750 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 the hazard of being struck by moving heavy equipment:
a) Birdsall Rd. - During paving operations, an employee was exposed to
being stuck by
a Caterpillar 936 Loader while standing behind the rear of a 1989 Mack
tandem dump
truck between the tailgate and raised dump body. The employee sustained
injuries when
the loader struck the tailgate and pinned the employee against the body of
the truck. On
or about 08/12/1999.
Among other methods, feasible and acceptable abatement methods to correct
the hazard are to:
1) Follow and/or adhere to the safe work practices as described in Safe
Operating  Practices for
Hot Mix Asphalt (HMA) Construction, ANSI A10.17-1997, Section 2, Paragraph
2.1, (page 1):
"Vehicular and Pedestrian Traffic. In paving operations, interference with
pedestrian and
vehicular traffic shall be avoided whenever possible and shall be kept to
a minimum in time and
scope in circumstances where it cannot be avoided. Where interference
results, a specific written
traffic control plan and paving pattern shall be formulated and
implemented", and Section 3
Paragraph 3.5 (page 2): "The traffic pattern on the job shall be
pre-planned and implemented
to minimize congestion and hazardous conditions."
2) Develop and implement a policy prohibiting employee(s) from performing
maintenance, such
as but not limited to, cleaning vehicles by designating site specific safe
areas away from moving
equipment.
ABATEMENT NOTE: In accordance with 29 CFR 1903.19, Abatement Verification,
the
employer will furnish certification that the described hazard has been
abated.
Documentation may include, but is not limited to, photographs, videos,
work orders,
invoices, training records and consultant reports. Abatement documentation
must be
received by the Area Director within 13 calendar days of the final
abatement date for this
violation.