OSHA Inspection: BILOTTA CONSTRUCTION CORP.

Issued

Aug 29, 2005

Abate by

Sep 2, 2005

Penalty

Initial $875 · Current $438 Reduced

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 hazard of being crushed:
Location: 5729 Highland Ave., Cortlandt, NY 10521
On or about: 4/26/05
a) Employees operate earth moving equipment including, but not limited to,
a John Deere
articulated truck, model# 300C, while not wearing a seat belt. The
employer did not ensure seat
belts were used by employees.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THE HAZARD IS: (1) Ensure employees follow the operator
general
precaution listed in the, Society of Automotive Engineers Off-Highway
Machinery
Practice (SAE
J153 1987), section 4.2, which states 'Wear the seat belt to maximize the
protection capability
of a ROPS (Roll Over Protective Structure) when the machine is so
equipped.'. Further, ensure
employees follow the safety sign located on the inside of the vehicle that
states 'USE SEAT
BELT' and has an accompanying pictograph.
NOTE: Because abatement of this violation is already documented in the
inspection case
file, the employer need not submit certification or documentation of
abatement for this
violation as normally required by 29 CFR 1903.19.