OSHA Inspection: GEORGE J. SHAW CONSTRUCTION CO., INC.

Issued

Apr 17, 2000

Abate by

Apr 27, 2000

Penalty

Initial $4,000 · Current $1,125 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 of 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 or serious physical harm from being struck
and/or run
over by a BOMAG MPH100 Recycler which was being operated on February
8, 2000, by an employee who had not been properly trained in the safe
operation of the machine.  The machine was clearly labeled in at least two
places (both visible from the operator's seat) that operators must read the
Operating Instructions manual and be properly trained before being allowed
to
operate the machine.  The operator had not read the manual or received
training in safe operation prior to being allowed to operate the machine.
On February 8, 2000, an operator allowed the machine to travel backwards in
an uncontrolled manner striking another employee and breaking his leg.  The
accident could have easily resulted in a fatality.  Factors contributing
to the
accident include, but are not limited to, the following:
1)The operator allowed the rotor device to be lowered onto a roadway
surface that had not been previously scarified (contrary to specific
instructions printed on the machine and visible from the operator's
seat).
2)The operator failed to set the parking brake while the machine was
stopped (with the rotor turning) on a 5 degree incline.
3)The operator failed to apply the secondary brake pedal to arrest the
uncontrolled rearward travel of the machine.
While ultimate responsibility for correcting the hazard rests with the
employer, given its
superior knowledge of the workplace, feasible and acceptable methods to
correct the hazard,
among others, are:  1) Ensure that all equipment operators are
specifically trained on the
location and function of all operating controls and devices before they
are allowed to operate
the specific equipment to which they are assigned;  2) Ensure that all
equipment operators
are properly trained in safe operating procedures related to their
equipment;  and 3) Ensure
that all equipment operators are trained in, and familiar with, all safety
practices,
operating
procedures, operating or equipment limitations, and all operating or
equipment warnings
established by the equipment manufacturer and set forth in their operating
manuals.
Abatement certification is required for this violation (using the
CERTIFICATION OF
CORRECTIVE 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.