OSHA Inspection: TRI DAL LTD

Issued

Sep 22, 2006

Abate by

Sep 28, 2006

Penalty

Initial $6,300 · Current $3,150 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 free
from recognized
hazards that were causing, or likely to cause, death or serious physical
harm to employees.  On
or about July 17, 2006 at a construction site located at 4380 Throne Hall
Drive, Frisco, Texas,
the employer failed to implement adequate measures/procedures to ensure
that unauthorized
person(s) are kept clear from the operating area and/or swing area of
machinery such as but not
limited to a Komatsu PC300LC hydraulic excavator.
Among other means, some feasible and acceptable abatement methods to
correct this hazard are:
1. Develop and implement procedures to ensure that operators follow
manufacturer's warning
labels and follow safety warnings that are provided in the manufacturer's
operators manual.
2. Develop a written job hazard analysis on the safe practices of
installing pipes/utilities in
trenches/excavations and to include the use of safety monitors/signalmen
or barricades during
this process.
3. Develop and effectively implement procedures to ensure that management
review/critique the
safety certification/re-certification of heavy machinery operators
program.
Note:  The employer is not limited to the abatement methods suggested
above but is responsible
for the selection and carrying out of an appropriate method.
OR IN THE ALTERNATIVE:
29 CFR 1926.550(a)(9): Accessible area(s) within the swing radius of the
rear of the rotating
superstructure of an excavator were not barricaded in such a manner as to
prevent employees
from being struck or crushed by the excavator.
On or about July 17, 2006 at a construction site located at 4380 Throne
Hall Drive, Frisco,
Texas, the employer did not provide barricades around the swing radius of
the superstructure
of the excavator.