OSHA Inspection: ERTEL CONSTRUCTION, INC.

Issued

Apr 12, 2012

Abate by

Apr 17, 2012

Penalty

Initial $5,670 · Current $3,402 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 "struck-by" hazards by an excavator shovel which was
removing dirt from an
excavation while an employee stood in the excavation only inches away,
exposing the employee
to serious injury or death by being struck by the excavator bucket. Among
other methods, one
feasible and acceptable method to correct this hazard is for the employer
to prohibit operators
from removing dirt and debris from excavations while other employees are
in close enough
proximity to be struck by the bucket or other parts of earth moving
equipment. .
a) West end of the project, front yard of unit number 22: An employee was
observed
standing in an excavation, while an excavator shovel was removing dirt,
inches from his
feet.