OSHA Inspection: BCO TRUCKING AND EXCAVATING

Issued

Dec 12, 2006

Abate by

Dec 15, 2006

Penalty

Initial $750 · Current $525 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, caught-between, and crush hazards:
A.) Construction Site - Sams Club Expansion --- 7200 Peach Street Summit
Town
Center/Erie, PA --- Front/Northerly Side of the Site Adjacent to Staples:
On or
about November 20, 2006 ==== The accessible areas within the swing radius
of the
Case Excavator were not barricaded by any devices in such a manner as to
prevent
employees from being struck-by, caught-between, and/or crushed by the
excavator's
superstructure, other excavator components (e.g. boom), and pinch-points.
Pinch-points
were created in the area between the excavator and stationary objects.
These objects
included but were not limited to stacked rows of construction materials
and
the dump
trucks that were parked behind and loaded by the excavator.
Abatement Note:
Among other methods, feasible and acceptable means to correct the
conditions noted
above include:
(1) Utilizing devices such as caution tape, flagged rope, stanchions, and
saw
horses to barricade the swing radius.
(2) Complying with the requirements outlined by the Equipment Manufactures
Institute -Hydraulic Excavator Safety Manual --- The manual states
"Warning"
Before starting to excavate, set-up safety barriers along the sides and
rear of the
swing pattern to prevent anyone from walking into the working area.