OSHA Inspection: EDWARD E. GILLEN COMPANY

Issued

Jul 13, 2004

Abate by

Jul 16, 2004

Penalty

Initial $375 · Current $375

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 a crushed by/caught in-between hazard. On or about June 17,
2004, at the jobsite
located at 35th and Juneau Milwaukee, WI. Employees, installing steel beam
standouts for the
steel beam trench sheeting whalers were using the bucket of the Link-Belt
hydraulic excavator
(which was running and had the operator at the controls) as a work
platform. This equipment
was not designed, constructed, and/or used in accordance with the
acceptable requirements of
the Association of Equipment Manufacturers (AEM) Safety Manual for
Hydraulic Excavators:
Paragraph 16;"Never use a bucket for a work platform or personnel
carrier." Among others a
recognized and acceptable means of abatement would be to use an
appropriate suspended
personnel platform meeting the requirements of 29 CFR 1926.550(g) or other
alternative
measures.
No certification required.  Violation Abated.on