OSHA Inspection: H.C. COMPANY, INC.

Issued

Jun 13, 2001

Abate by

Aug 24, 2001

Penalty

Initial $7,000 · Current $1,575 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 danger of being struck and/caught between equipment.
a) Exterior west side of buildings at 4711 and 4801 Dell Ave., North
Bergen, N.J.;
An employee standing between a parked John Deere backhoe/loader and a
refuse container, was
killed after a roll-off container type truck which had been driven too
close to a passing freight
train was struck by and became entangled with that train. As the truck was
dragged, it was
pushed into the backhoe, which in turn was then pushed into the refuse
container. The container
itself, was subsequently pushed into and through an adjacent brick wall.
Note: Prior to the day of the accident, a number of employees routinely
operated trucks in the
area adjacent to the tracks when trains were approaching and/or passing by.
Among other methods feasible and acceptable methods of abatement include,
but are not limited
to:
(1) Communicate and enforce the company's "no drive" policy prohibiting
the operation of
vehicles when trains are present or approaching.
(2) Build a barrier which keeps vehicular traffic from getting too close
to the active rail line.
Violation occurred on or about 12/15/00.