OSHA Inspection: MAINE CONTRACT FARMING, LLC

Issued

Dec 10, 2003

Abate by

Dec 28, 2003

Penalty

Initial $20,000 · Current $6,000 Reduced

General-duty citation text

and fasteners.
11)Develop a truck cleaning schedule for brake, tail, and back-up lights.
Develop
a cleaning schedule for the truck body to prevent corrosion from the
manure and
to help prevent floor holes.
12)Require and enforce the use of seat belts.
First Repeat Violation:
Your company was previously cited for truck defects in a Repeat violation
Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
of Section
5(a)(1) of the Act, in OSHA Inspection Number 303787212, Citation 3
Repeat, Item 1
issued on June 6, 2002.  This inspection became a final order on July 28,
2003 with the
signing of a formal settlement agreement.
Initial Serious Violation:
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 injuries caused by the operation of defective manure
trucks and not wearing seat
belts:
In the following instances defective manure trucks were operated; or were
Your company was initially cited for truck defects in a serious violation
of  Section
5(a)(1) of the Act, in OSHA Inspection Number 300304987, Citation Number
1, Item
Number 1, issued on November 30, 2000.  This inspection became a final
order on
December 12, 2000 with the signing of an informal settlement agreement.
operated
without the drivers wearing seat belts:
a)Drag link (steering mechanism attached to tie rod) was loose, worn, and
without
grease in the joint:  Truck 360.  The joint had about 1 inch play; the
Preventive
Maintenance inspection for Truck 360 was 1 month overdue.
b)Tail gate lower hooks on dump body were bent: Truck 320, on both sides of
dump body, especially the passenger side.  The tail gate has sprung out at
employee when chain binder around tail gate was released.
c)Chain hook was placed in the eye of chain binder that wrapped around
tail gate.
Truck 360.  The chain hook should have been placed across a link in the
chain
not in the eye of the chain.
d)A bolt was used to connect two links of two pieces of chain that was
part of the
binder that wrapped around tail gate:  Truck 320.  The bolt can cause wear
of the
chain links.
e)Fewer leafs in front spring suspension on driver's side caused truck
body to
significantly lean toward drivers side.  Truck 360.   Condition
contributed to
possible roll-over hazard.
f)Tie Rod of front wheel steering mechanism fell off and was broken:
Truck 340.
Incident caused near-miss prior to and on or about 11/3/03.
Brakes defective:
g)Truck 320 - Brakes were in poor condition.
h)Truck 320 - Driver must pump breaks in freezing weather (possible fluid
freezing
or moisture in air cylinders)
i)Truck 340 - Breaks operated in unsafe condition (Oil on pads; improper
adjustment for significant period; brake pads and drums required
replacement.)
j)Air brakes were not routinely purged of moisture.  All manure trucks.
k)A fuel injector was leaking, which resulted in a fire hazard due to
diesel fuel
potentially being sprayed on a hot engine:  Truck 340.  The driver did not
recognize this fire hazard and was not trained to recognize it.  The
monthly
inspection did not identify this serious hazard.
l)Defective seatbelt:  Truck 360 - The two belts could not be latched,
because they
were too short.
Seat belts were not worn by manure truck drivers:
m)Truck 360
n)Truck 340
o)Truck 320
p)Truck 463
Note:  In a previous inspection a citation was issued involving a manure
truck roll-over
incident.
q)A horn was not installed:  Truck 340
r)A hood latch was missing:  Truck 320
Hole in truck floor:
s)Truck 360 - Rubber seal around gear shift lever worn and missing.
t)Truck 340 - Floor hole, passenger side
Headlight not operational:
u)Truck 360
v)Truck 463
Tail lights covered with manure causing impaired visibility:
w)Truck 360 and other trucks
x)A fuel tank strap was loose:  Truck 340
y)Defroster not functioning adequately.   Truck 340.  Low fan velocity and
heater
core plugged preventing air movement through core.
z)Snow got into the truck cab on the driver's side, probably through
unsealed
openings in the truck cab under the driver's side dashboard:  Truck 340.
aa)A mirror on the driver's side was cracked:  Truck 463.
Inspection defects:
Defects in truck monthly inspections and 3 month PM (Preventive
Maintenance)
inspection and maintenance.
--Tardiness in scheduling repairs.
--3 month preventive maintenance inspections over 30 days overdue.
--Truck 360 Preventive Maintenance inspection 1 month overdue.
--Monthly inspections ineffective for parking breaks, brakes, for tail
gate chains,
fasteners,  and latches;  add to monthly inspections front end/steering
wear and
greasing/lubrication, loose or broken gas tank straps, holes in truck
floor boards,
defroster produces heat quickly.
Among other methods, some feasible and acceptable abatement methods to
correct these
hazards are to:
1) Replace and repair defective parts and equipment promptly,
2)Schedule repairs promptly after defects are reported by the monthly
check list
inspections and the 3 month PM (Preventive Maintenance) inspections.
3)Assure that PM inspections are timely and keep to the 3 month interval,
rather
than going 4 months or longer between PM inspections.
4)Train drivers in how to identify defects that are inspected items on the
monthly
check list and the items a) through z) cited above.
5)Provide a written method for drivers to report truck problems and
defects, such
as a work order tag or checklist similar to the monthly check list.
Provide this
reporting method in English and Spanish.
6)Have the Safety Manager spot check the accuracy of the monthly checklist
inspections and the three month PM inspections.
7)Have the garage manager confirm that lubrication is actually performed.
This
includes steering mechanisms and other chassis grease fittings.
8)Increase the frequency of the monthly inspections to every 15 days to
permit
repairs to be scheduled promptly.
9)Have the monthly inspections include actually checking the functioning
of
the
parking break by trying to move the truck while that parking break is in
place.
10)Improve the quality and detail of monthly truck inspections. All the
cited items,
a) through z) above could have been identified by a through inspection of
steering
and front end (Items a), e), f); items b), c), d) involving tail gate
chains and
latches; items g), h), i), j) involving brakes; k) a fuel leak on engine,
item l)
regarding seat belts, and items q), r), s), w), y) regarding the truck
body and
holes in the cab, including the floor; and items r), s) regarding horn and
lights.
Item p) the horn missing was due to the lack of a prompt repair schedule.
Items that should be part of the monthly inspections include front end and
steering
greasing and lubrication, loose or broken gas tank straps, holes in truck
floor
boards, and improved detail in inspecting wear and functioning of binder
chains