OSHA Inspection: REMIGIO BADILLO & SON HARVESTING, INC.

Issued

Jun 28, 2002

Abate by

Jul 16, 2002

Penalty

Initial $4,900 · Current $3,000 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 hazard of being struck by,
and crushed by, a
citrus loader, which has an obstructed view to the rear, when the citrus
loader is operated in the
reverse direction.
a)  On 1/10/02 the employers Peterson Lightning Loader (citrus loader),
Model #CL3,
Serial #CL3-0398-602, was involved in a fatal accident at an orange grove
located at
18233 Earl Reynolds Road, Lithia, Florida.  The citrus loader ran over an
employee
while it was being operated in the reverse direction.  The accident
investigation revealed
that the employer had modified the citrus loader without the manufacturers
written
approval.  The backup alarm on the citrus loader was originally activated
when the
transmission lever was placed in reverse, but the alarm mechanism broke
and
the
employer installed a manual push/pull switch at the operators location
which will only
activate the backup alarm if the operator physically operates the switch.
The operator
of the citrus loader did not adequately check and make certain that the
area directly
behind the citrus loader was clear before backing up the equipment.
One feasible and acceptable abatement method to correct this hazard would
be to operate
and maintain the citrus loader in accordance with the "IMPORTANT WARNINGS
AND
INSTRUCTIONS FOR THE OPERATION OF ALL PETERSON CITRUS LOADING
EQUIPMENT" which are contained in the owners manual that was provided to
the
employer at the time that the citrus loader was purchased.
1) On page #5, paragraph #17, of the owners manual the warnings and
instructions say
that MODIFICATIONS TO ANY PART OF THIS LOADER CAN CREATE A
SAFETY HAZARD AND THEREFORE SHALL NOT BE MADE WITHOUT THE
MANUFACTURER'S WRITTEN APPROVAL.  Use only factory approved parts to
repair or maintain this equipment.
2) On page #5, Paragraph #19, of the owners manual the warnings and
instructions say
that the operator should always be certain that all is clear directly
behind the dump body
(of the citrus loader) BEFORE backing up equipment.
"ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM"