OSHA Inspection: EDWARD E. GILLEN COMPANY

Issued

May 15, 2007

Abate by

Jun 2, 2007

Penalty

Initial $2,500 · Current $2,500

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:
(a)On or about March 19, 2007 at the Children's Hospital jobsite, an
employee of
Edward E. Gillen Company was exposed to struck-by and caught in between
hazards, when working in the area of a Caterpillar 320C Excavator where the
swing radius was not provided with a method to prevent employees from
entering.
Among other methods, feasible and acceptable means to correct these
hazards are to use
a safer alternate method such as:
Comply with the Association of Equipment Manufacturers (AEM) for Hydraulic
Excavators which states:  Set up safety barriers to the sides and rear
area of your
swing pattern to prevent anyone from walking into the work area.
Comply with the Association of Equipment Manufacturers (AEM) for Hydraulic
Excavators which states:  Never enter, or allow anyone else to enter, the
excavator swing pivot area.  Death or serious injury can result.  Be sure
there are
no obstructions and sufficient clearance for tail swing.
Comply with the signs located on the Excavator which states:  Warning
regarding
Machine Swing.  Stay back.  Crushing hazard could cause serious injury or
death.
Assign a spotter to ensure employees do not enter the swing radius.
Certification, and documentation/evidence of abatement is required.
Certification of abatement is required by 29 CFR Part 1903 and is to be
submitted within ten (10)
calendar days after the abatement date.ment

Issued

May 15, 2007

Abate by

Jun 11, 2007

Penalty

Initial $2,500 · Current $2,500