OSHA Inspection: BREEZE NATIONAL,INC.

Issued

2000-07-27 00:00:00

Abate by

2000-08-29 00:00:00

Penalty

Initial $3000.00 · Current $400.00 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 the hazard of being Caught In/ or Between a toppling
excavator
Construction site: N/E corner of E.58th St. & Fifth Ave., New York, NY.
On or about 04/11/00
a)  The employer failed to assure that a BOBCAT Model 337 excavator, S/N
515411588, which
is designed to perform excavating tasks was not used for the inappropriate
task of lifting an
approximately 2,340 pound concrete planter which caused the machine to
topple.
ABATEMENT NOTE:
Among other methods, one feasible and acceptable method to correct this
hazard is to prohibit
the use of the excavator as a crane or lifting device. For guidance, refer
to the Safety Manual:
for Users, Operators, and Maintenance Personnel - Hydraulic Excavator as
published by the
Construction Industry Manufacturers Association and/or the recommended
uses of the equipment
as  provided by the manufacturer:  BOBCAT INGERSOLL-RAND.
ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM.  FAILURE TO
COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $ 1000.00, AS PER 29
CFR 1903.19.