OSHA Inspection: FRANK TURNER CONSTRUCTION CO., INC.

Issued

May 8, 2003

Abate by

May 14, 2003

Penalty

Initial $750 · Current $750

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 hazards of being struck-by moving
equipment/machinery
and/or materials dislodged by moving equipment/machinery.
a.)Remmington Heights Subdivision: On or about March 13, 2003, an employee
was
standing against a concrete pad near the vicinity of a Hyundai 290LC-3
hydraulic
excavator (track hoe) that was picking up sand.  During the process, the
track hoe
operator, swung the track hoe's bucket, striking a concrete pipe.  The
impact caused
the pipe to move backwards, crushing the employees legs against the
concrete pad.
ISA Added AVD language: "The employee was standing in a location that he
should
not have been when he was injured."
Among others, one feasible and acceptable method to correct this hazard is
to follow
the operator's instructions in the Hyundai Hydraulic Excavator Operator's
Manual.
Page 1-3 of Section 2. During Operation of the Machine instructs the
operator to
"Operate carefully to make sure all personnel or obstacles are clear
within the
working range of the machine.  Place safety guards if necessary.  Page 1-5
of this
Section states, "Watch out for obstacles.  Be particularly careful to
check the machine
clearance during the swing.