OSHA Inspection: COLLINS TN DPW FATALITY 2007

Issued

Apr 2, 2008

Abate by

May 19, 2008

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not furnish
employment and a place
of employment which was free from recognized hazards that were causing or
were likely to
cause death or serious physical harm to each of its employees. This will
provide reasonable and
adequate protection to the lives, safety or health of it's employees. In
applying this paragraph,
fundamental distinctions between private and public employment has been
recognized:
a)The employer failed to implement sufficient controls and safeguards
necessary to
adequately protect its employees from the hazard of being struck by
crushing
injuries from being exposed to a bucket of the excavator while it was
being used
to drive in poles on August 22, 2007 at 2223 Quaker Street in Collins NY.
Employees were exposed to a crushing hazard while working under an elevated
excavator bucket of a CASE 1805B Cruz Air excavator.
One reasonable and adequate abatement method, among others, to correct this
hazard is to train and require employees to remain outside the danger zone
created by suspended loads or raised machine components of excavators,
loaders,
or other types of hoisting equipment.  The use of tag lines or other remote
positioning equipment which keeps employees at a safe location could be
utilized
to protect employees. NIOSH Publication #2004-107 "Preventing Injuries When
Working with Hydraulic Excavators and Backhoe Loaders" provides further
information.

Issued

Apr 2, 2008

Abate by

May 19, 2008

Issued

Apr 2, 2008

Abate by

May 19, 2008