OSHA Inspection: NYSTA TOLL PLAZA 46

Issued

Dec 20, 2002

Abate by

Aug 30, 2003

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not furnish to
each of its employees,
employment and a place of employment which was free from recognized
hazards that are causing
or were likely to cause death or serious physical harm to its employees
and which will provide
reasonable and adequate protection to the lives, safety or health of its
employees.  In applying
this paragraph, fundamental distinctions between private and public
employment have been
recognized.
a)The employer had failed to implement sufficient controls and safeguards
necessary to adequately protect its employees from being struck by or
driven over
by vehicles while crossing active toll lanes during the performance of
their
assigned work duties.  NYS Thruway Authority employees including, but not
limited to, Toll Collectors, Toll Plaza Managers, and Maintenance
employees are
routinely exposed to this hazard while crossing toll lanes to access toll
booths.
During all shifts employees make several trips between the toll booths and
the
control building for the purpose of taking breaks and retrieving necessary
materials and equipment.
This hazard is not a particular accident; employees face the same hazard
to a
greater or lesser degree every time they cross an active toll lane.
Among other means, this hazard may be corrected by:
a.i.  Engineering controls embodied in new or renovated toll plaza design
and
construction, such as overhead walkways or underground tunnels affording
access
to toll booths without the need to cross active toll lanes.
ii.  The installation of parabolic mirrors at locations at the toll plaza,
such as on
the concrete structures on the immediate downstream side of the crossing
lane,
which would allow drivers to see the area immediately in front of their
vehicles
and allow employees to check for oncoming traffic without entering or
closely
approaching the lane.  Appropriate placement will provide visibility
without
creating a glare condition.
iii.  Advising motorists of pedestrians crossing the traffic lane through
the
modification or addition of traffic signal devices utilizing signals of a
character
different from those that indicate tolls have been paid or the
installation of swing
or boom gates or similar structures or other signage.
b.Communication to motorists of the potential for employees to be crossing
toll
lanes through the proper use of pedestrian crossing signs per MUTCD 2C.37
and
3b.17. NYS Vehicle and Traffic Law assigns certain responsibilities to the
driver
and pedestrian.  Drivers and pedestrians do not need to be reminded of
their
shared legal duties, but drivers must be warned of the locations of
crosswalks and
other hazards where they are not normally evident.  Section 3B-18 MUTCD
reads"Since non-intersectional pedestrian crossings are generally
unexpected by the
motorist, warning signs (Section 2C-31) should be installed and adequate
visibility
provided by parking prohibitions.  Additionally, MUTCD Section 2C-32
recommends the use of pedestrian warning signs to "assist the vehicle
operator
in defining the specific point of crossing.  Such signs should only be
used at
locations that are unusually hazardous or at locations not readily
apparent."
c.Prohibition of employees crossing in front of traffic other than
automobiles
(passenger cars).  This will prevent employees from crossing in front of
vehicles,
such as delivery trucks or tractor trailers, with frontal blind zones.
d.Clarification and communication of the "Crossing Lanes Safely" work
rules to
include:
i.  Requiring employees to keep one hand free for signaling traffic,
according to the binding safety measure added by the arbitrator in his
September 9, 1993 written decision on the ETC Safety Grievance brought
by local 72, New York State Thruway Employees, IBT, AFL-CIO (Page
31);
ii.  The use of uniform hand signals, such as the arm straight out with the
palm facing the motorist, or other means such as hand held signs or other
visual awareness or signaling devices, to facilitate reliable communication
by the crossing employee to the motorist.
e.The provision of an appropriate means, such as carry bags or other
suitable
containers, by which employees may carry work related items, such as cash
trays,
tickets and forms, to their toll booth without reasonable risk of spillage
and still
keep one hand free.
f.Periodic inspection of the workplace by the employer to evaluate employee
compliance with lane crossing work rules, with emphasis on proper
communication before proceeding, and the implementation of effective
progressive disciplinary action to correct deficiencies.