OSHA Inspection: JOHN MILLER HARVESTING

Issued

Nov 1, 2002

Abate by

Nov 8, 2002

Penalty

Initial $750 · Current $375 Reduced

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety
and Health Act of North Carolina:  The employer did not furnish to
each of his employees  conditions of employment and a place of
employment free from recognized hazards that were causing or likely
to cause death or serious physical harm to employees, in that
employees were exposed to falls:
a)Employer failed to provide an adequate safety railing to
protect migrant farm workers from falls of ten feet or
higher.  Migrant farm workers were assigned to construct
boxes on the top working surface floor of the mule train
approximately seven feet from the bottom working surface
floor and ten feet from the ground surface.  Workers were
assigned to stoop, lean or bend over and construct the
boxes while the mule train was moving forward through the
field.  The railing provided on the top working surface
floor was substandard as it was constructed without an
adequate intermediate railing.  [Reference 29 CFR
1910.23(e)(1)].
1.Among other methods one feasible and acceptable
method of abatement is to construct a standard
railing on all mule trains used by the employer
including a top railing, intermediate railing, and
posts, constructed to prevent falls of migrant farm
workers engaged in box construction on the top
working surface floor of the mule train.

Issued

Nov 1, 2002

Abate by

Nov 8, 2002

Penalty

Initial $1,500 · Current $750 Reduced

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety
and Health Act of North Carolina:  The employer did not furnish to
each of his employees  conditions of employment and a place of
employment free from recognized hazards that were causing or likely
to cause death or serious physical harm to employees, in that
employees were exposed to crushing hazard:
a)Employer failed to provide an adequate hook up procedure
which resulted in the death of a hispanic farm worker.
Migrant farm workers had been assigned the task of crouching
between the truck and the mule train and hooking up the two
pieces of farm equipment.  While crouching beneath the mule
train with the truck backing toward the mule train the migrant
farm worker was out of the line of sight of both operators.
The migrant farm worker has been tasked to hook the truck to
the mule train with a 4 foot metal link chain. While the truck
was backing up the worker was required to hook the chain to
both the truck and the mule train and then hold the chain in
place while the truck drew the chain tight.  The hazard exists
that any worker in such a position would be crushed between
the truck and the mule train.
1.Among other methods one feasible and acceptable
method of abatement is to conduct the hook up
process in the following manner with the following
equipment:  Require the mule train driver to stop,
the mule train and guide the driver of the truck
back into position while all other workers are
removed from the area so as to be guarded by
location.  When the truck driver is in position he
should stop the truck, turn it off, engage brakes,
and then install the chain over the hooks of the
truck and the mule train.  Finally, latch kits on
all hooks used on the trucks and the mule trains
such that the chain remains in place without any
worker required to hold or otherwise manipulate the
chain when it is being drawn tight.

Issued

Nov 1, 2002

Abate by

Nov 8, 2002

Penalty

Initial $1,500 · Current $750 Reduced