OSHA Inspection: TRUGREEN LANDCARE L.L.C.

Issued

Nov 1, 2001

Abate by

Nov 6, 2001

Penalty

Initial $7,000

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 being struck-by on-coming high
speed vehicles,
while operating and riding a slow moving Gator Utility Vehicle across
roadways:
a)Interstate I-4 Westbound Lanes - Adjacent to State Road Ramp 557
John Deere Gator 4x2 Utility Vehicle - Serial # W004X2X066981  The employee
was riding in the rear cargo box section of the utility vehicle, in an
attempt to
reach the Southbound side of the interstate. Upon crossing onto the
Westbound
lanes, the utility vehicle was struck-by an on-coming van. This collision
resulted
in the death of the employee, on or about 08/09/01.
ONE FEASIBLE AND ACCEPTABLE METHOD OF ABATEMENT WOULD BE TO:
1.Follow the John Deere Operator's Manual Operating Safely Section, Page 3,
which states, 1." The utility vehicle is not intended for use on highways
or public
roads. Do not operate vehicle on a road where the vehicle may be a hazard
to
faster-moving traffic" 2."This vehicle is not intended for use on highways
or
public roadways. It is to be used for off-road use only.
2.Follow the John Deere Operator's Manual Keep Riders Off Vehicle Section,
Page
4, which states, 1." Seating is provided for operator and one passenger.
No riders
are allowed in cargo box or anywhere else on vehicle". 2." Never allow
riders
in the cargo box or other areas where seats are not provided".
3.Follow the General Notes Section of the Florida Department of
Transportation
Contract # E1B89 which states 1. " All vehicles, equipment, workers (except
flaggers), and their activities are restricted at all times to one side of
the
roadway".