OSHA Inspection: BILL WHALEY (DBA) WHALEY FARMS

Issued

Nov 8, 2002

Abate by

Dec 30, 2002

Penalty

Initial $2,100 · Current $2,100

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:
a)establishment - employees have not received training in the operation of
industrial trucks.
"Among other methods, one feasible and acceptable abatement method to
correct this hazard is train all
employees that operate industrial trucks in the correct procedures for
their operation."
Or, in the alternative;
29 CFR 1910.178(l)(1)(ii):  Prior to permitting an employee to operate a
powered industrial truck, the employer did
not ensure that each operator had successfully completed the necessary
training.
a)establishment - employees have not received training in the operation of
industrial trucks.

Issued

Nov 8, 2002

Abate by

Dec 30, 2002

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:
a)establishment - Yale diesel powered fork lift was left unattended
without the loaded forks lowered, the brake
set, the motor off or within 25 feet of the operator.
"Among other methods, one feasible and acceptable abatement method to
correct this hazard is to train
employees that will operate industrial trucks in the proper operation of
the vehicle."
Or, in the alternative
29 CFR 1910.178(m)(5)(i):  Powered industrial trucks were left unattended
without lowering the forks, setting the
brake or turning the motor off:
a)establishment - Yale diesel powered fork lift was left unattended
without the loaded forks lowered, the brake
set, the motor off or within 25 feet of the operator.

Issued

Nov 8, 2002

Abate by

Dec 30, 2002

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:
a)establishment - no written certification of forklift training.
Among other methods, one feasible and acceptable abatement method to
correct this hazard is to maintain
written certification of training."
Or, in the alternative;
29 CFR 1910.178(l)(6): The employer failed to certify that each operator
has been trained and evaluated as required by
this paragraph (l).
a)establishment - no written certification to indicate employees had been
properly trained.

Issued

Nov 8, 2002

Abate by

Dec 30, 2002

Penalty

Initial $150 · Current $150

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:
a)establishment - oak pallet used as a personnel lifting platform, was not
secured
to the forks.
"Among other methods, one feasible and acceptable abatement method to
correct this hazard is securely attach
any appropriate walking/working surface to the lifting forks."
Or, in the alternative;
29 CFR 1910.178(m)(12)(i):  Safety platform(s) on powered industrial
truck(s) were not firmly secured to the lifting
carriage or forks:
a)establishment - oak pallet used as a personnel lifting platform, was not
secured to the forks.

Issued

Nov 8, 2002

Abate by

Dec 30, 2002

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:
a)establishment - Yale diesel powered industrial truck did not have a
functioning horn or other audible warning
system.
Among other methods, one feasible and acceptable abatement method to
correct this hazard is to inspect
industrial trucks prior to operation of the vehicle."
Or, in the alternative;
29 CFR 1910.178(p)(1):  Powered industrial trucks that were in need of
repairs, defective or in any way unsafe, were
placed into service without repair.
a)establishment - Yale diesel powered industrial truck did not have a
functioning horn or other audible warning
system.