OSHA Inspection: VALLEY EXCAVATING INC.

Issued

Oct 25, 2002

Abate by

Oct 29, 2002

Penalty

Initial $1,500 · Current $1,000 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The
employer did not
furnish to each of his employees 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 struck-by hazards:
(a) Valley Excavating Inc., at 1899 Red Hawk , Estes Park CO: On or
before October 10, 2002, the employer did not ensure that one employee who
was taking measurements, adjacent to the bucket of Caterpillar excavator
#314, model #215, remained out of the swing radius of the bucket, thereby
exposing the employee to serious injury or death by being struck by the
excavator bucket.  The hazard posed by swinging buckets is plainly
obvious; is
described in industry safety literature; and is in the manufacturer's
operating
instructions.
Among other methods, one feasible and acceptable method to correct these
hazards can be found in SAE J153, Surface Vehicle Recommended Practices,
Section 7.10 Operating Precautions, which instructs operators to watch for
bystanders and to never allow anyone to be under or to reach through the
machine and its equipment while operating.
Abatement Note: Abatement certification and documentation are required for
this item (See
enclosed "Sample Abatement-Certification Letter").