OSHA Inspection: LOCKLEAR & DUNIGAN, LLC DBA TREE MASTERS

Issued

May 24, 2005

Abate by

Jun 20, 2005

Penalty

Initial $700 · Current $700

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:  The
employer did not furnish each of his employees conditions of employment
and a place of employment 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:
a)job site - before commencing the back cut, there was no command such as
"stand clear" from
the arborist operating the chain saw and no response such as "all clear"
from the workers
supporting the removal operation. No pre-arranged, two-way hand signals
were used. No one
was designated to give such signals. All workers in the vicinity were not
out of range when the
tree or trunk fell. On or about 1/28/05, an employee was stuck by a tree
felled which resulted in
a fatality.
Abatement note:
One feasible and acceptable abatement method, among others, to correct
this
hazard is provide
employee(s) training to signal a command such as "stand clear" and for
employee(s) to response with a signal
such as "all clear" before felling trees.
[Reference ANSI Z133.1 - 2000; For Arboricultural Operations - Pruning,
Repairing, Maintaining, and
removing trees, and Cutting Brush - Safety Requirements,  Section 9.5.17:
Tree Removal.]
In the alternative:
29 CFR 1910.266(d)(6)(ii):  Work areas were not assigned so that a trees
cannot fall into an adjacent work
area:
a)job site - before commencing the back cut, there was no command such as
"stand clear" from
the arborist operating the chain saw and no response such as "all clear"
from the workers
supporting the removal operation. No pre-arranged, two-way hand signals
were used. No one
was designated to give such signals. All workers in the vicinity were not
out
of range when the
tree or trunk fell. On or about 1/28/05, an employee was stuck by a tree
felled which resulted in
a fatality.

Issued

May 24, 2005

Abate by

Jun 20, 2005

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:  The
employer did not furnish each of his employees conditions of employment
and a place of employment 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:
a)job site - workers were not positioned and their duties organized so the
actions of one worker
would not create a hazard for any other worker. On or about 1/28/05, an
employee was stuck
by a tree being felled which resulted in a fatality.
Abatement note:
One feasible and acceptable abatement method, among others, to correct
this hazard is provide
employee(s) training and position employee(s) and their duties so that
actions of one worker will not create a
hazard for any other worker.
[Reference ANSI Z133.1 - 2000; For Arboricultural Operations - Pruning,
Repairing, Maintaining, and
removing trees, and Cutting Brush - Safety Requirements,  Section 9.5.5:
Tree Removal.]
In the alternative:
29 CFR 1910.266(d)(6)(i):  Employees were not spaced and the duties of
each employee were not organized so
the actions of one employee does not create a hazard for any other
employee:
a)job site - workers were not positioned and their duties organized so the
actions of one worker
would not create a hazard for any other worker. On or about 1/28/05, an
employee was stuck
by a tree being felled which resulted in a fatality.