OSHA Inspection: NEW ENGLAND QUALITY SERVICES, INC.

Issued

Sep 17, 2006

Abate by

Sep 21, 2006

Penalty

Initial $700 · Current $700

General-duty citation text

21 VSA, Chapter 3, Sub-Chapter 5, Section 223(a): Section 5(a)(1) of the
Occupational Safety and
Health Act of 1970:  The employer did not furnish to each of his employees
employment and a place
of employment which was free from recognized hazards that were causing or
likely to cause death or
serious physical harm to an employee who was exposed to crushing hazards
while attempting to attach
a waste container to a truck when the truck was operating in reverse.
Location: 36 Precision Drive, North Springfield, Vermont
Violation: The employer did not furnish to each of the employees a place
of employment which was
free from recognized hazards (ANSI Z245.1 Mobile Waste and Recyclable
Materials Collection), in
that the employer did not provide initial training prior to an employee
conducting a new job or task
when the employee entered into the zone of danger to assist in hooking up
the container attaching
device from the tilt frame truck to the recycling container, which exposed
the employee to a crushing
hazard when the truck struck the employee.
The employer was not pro-active in the safety of the employee, when the
employer could visually see the
employee helping the employer by giving hand signals, directing the truck
back, and the employer allowed the
employee to continue and assist in the operation without being trained in
the dangers of the equipment.  Earth
Waste Systems Safety Program Outline, (page 2, number 3), Train
supervisory personnel in all aspects of
safety, suggests that Kevin should have been able to detect and abate the
hazard. The last paragraph in that
same section, " SAFETY PROGRAM" states that it is the responsibility of
the managers and supervisors to
keep safety foremost in each employee's mind by insuring that proper
procedures are followed.  Additionally,
in the last section on page 2, number 10 states that, " The manager or
supervisor of each job site is
responsible to "make sure work is being performed in a safe manner and
that no unsafe condition or
equipment are present".  Number 11 continues by stating that managers or
supervisors shall, "order the
correction of all hazards, including unsafe acts and conditions.
Therefore, Kevin Elnicki should have told
Scott Graham to leave the area around the truck and container because he
was not trained to assist in the job
or task.  Furthermore, Earth Waste Systems SAFETY RULES AND REGULATIONS
(page 5, number 8)
states that, "All employees need to be trained and checked out by the
facilities Manager or Foreman before
operating any piece of equipment," which would include Scott hooking the
container attaching device from the
truck to the container.
Among other methods, feasible and acceptable methods to correct the
hazards include but not limited to:  The
employer should have trained the employee in the work he was performing in
and around mobile collection
and transportation equipment. Or, the employer could have directed the
employee to leave the work area and
not assist until he was properly instructed and trained in safe work
practices relative to the work.