OSHA Inspection: MARLON WHITE MASONRY

Issued

Sep 12, 2001

Abate by

Sep 17, 2001

Penalty

Initial $1,500 · Current $500 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not
furnish employmnent 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 falling out of and being run over by the wheels of the
Skytrak brand high-lift
fork truck because the driver had not been instructed to and was not using
the seat belt provided
on the vehicle by the manufacturer.
This hazard is recognized by the employer and the industry because the
vehicle is equipped with
seat belts and a symbolic decal in full view of the operator indicating
the need for the operator
to connect the belt.  This hazard is causing or likely to cause death or
injury to the operator if
the operator falls from the vehicle seat under the wheels of the vehicle
and is crushed, and
accident type that has occurred with regular frequency in the past.  The
employer had knowledge
of the condition because the employer assigned the employee tp operating
the vehicle and had
purchased or rented the vehicle with the seat belt already installed, and
a representative of the
employer was on the site supervising and observing the operation of the
vehicle by the operator.
One feasible method of abating this violation is to instruct the operator
to always connect the
seat belt each time the operator is seated in the operator's seat for the
purpose of driving the
machine across terrain.
or, in the alternative;
29 CFR 1926.21(b)(2):  The employer did not instruct each employee in the
recognition of
unsafe conditions and the regulations applicable to his work environment
to control or eliminate
any hazards or other exposures to illness or injury:
The driver of the Skytrak brand high-lift fork truck had not been
instructed to wear the seat belts
installed in the vehicle by the manufacturer when the vehicle is operated
across
the terrain.

Issued

Sep 12, 2001

Abate by

Sep 17, 2001

Penalty

Initial $1,500 · Current $100 Reduced