OSHA Inspection: J.R. WOLFE, INC.

Issued

Aug 25, 2006

Abate by

Sep 14, 2006

Penalty

Initial $2,000 · Current $2,000

Issued

Aug 25, 2006

Abate by

Sep 7, 2006

Penalty

Initial $14,000 · Current $14,000

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 the
employer required employees to operate Caterpillar 315CL excavators
in a manner that was outside of the manufacturers specifications.
The Caterpillar 315CL excavators were placed and operated on top of
rail cars nine feet to twelve feet off the ground to unload waste
material into dumptrucks sitting adjacent to the railcars:
a.J.R. Wolfe, Inc. worksite in Toledo, Ohio:  On or about April
4, 2006, an employee was operating a Caterpillar 315CL
excavator, Serial Number CJC 01392, on top of a twelve foot
high railcar.  The excavator was not designed by the
manufacturer to operate on top of a railcar and employees were
exposed to struck by hazards when operating the excavator in
the event of a structural failure.
b.J.R. Wolfe, Inc. worksite in Toledo, Ohio:  On or about April
4, 2006, an employee was operating a Caterpillar 315CL
excavator, Serial Number CJC 01952, on top of a nine foot high
railcar. The excavator was not designed by the manufacturer to
operate on top of a railcar and employees were exposed to
struck by hazards when operating the excavator in the event of
a structural failure.  On April 4, 2006, an employee suffered
severe back injuries as he was operating the excavator when
the left front outrigger failed and broke off the excavator
causing the excavator to fall inside of the railcar.
Among other methods, one feasible and acceptable method to correct
this hazard is to ensure that only equipment properly designed and
operated according to the manufactures specifications, such as a
straddle crane, is used to remove debris from railcars.
In accordance with 29 CFR 1903.19(d), abatement certification is
required for this violation (using the CERTIFICATION OF CORRECTIVE
ACTION WORKSHEET), and in addition, documentation demonstrating
that abatement is complete must be included with your
certification.  This documentation may include, but is not limited
to, evidence of the purchase or repair of the equipment,
photographic or video evidence of abatement, or other written
records.t,

Issued

Aug 25, 2006

Abate by

Sep 7, 2006

Penalty

Initial $14,000 · Current $14,000

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 the
employer modified the Caterpillar 315CL excavators by attaching
outriggers to the excavator's undercarriage without receiving the
manufacturer's approval for such modification:
a.J.R. Wolfe, Inc. worksite in Toledo, Ohio:  On or about April
4, 2006, the employer modified a Caterpillar 315CL excavator,
Serial Number CJC 01392, by attaching two outriggers to each
side of the undercarriage of the excavator so the excavator
could slide along the top edge of railcars.  The outriggers
were not approved by the manufacturer to support the weight of
the excavator and employees were exposed to struck by hazards
when operating the excavator in the event of a structural
failure.
b.J.R. Wolfe, Inc. worksite in Toledo, Ohio:  On or about April
4, 2006, the employer modified a Caterpillar 315CL excavator,
Serial Number CJC 01952, by attaching two outriggers to each
side of the undercarriage of the excavator so the excavator
could slide along the top edge of railcars. The outriggers
were not approved by the manufacturer to support the weight of
the excavator and employees were exposed to struck by hazards
when operating the excavator in the event of a structural
failure.  On April 4, 2006, an employee suffered severe back
injuries while operating the excavator when the left front
outrigger failed and broke off the excavator causing the
excavator to fall inside the railcar.
Among other methods, one feasible and acceptable method to correct
this hazard is to ensure that only equipment properly designed and
operated according to the manufactures specifications, such as a
straddle crane, is used to remove debris from railcars.
In accordance with 29 CFR 1903.19(d), abatement certification is
required for this violation (using the CERTIFICATION OF CORRECTIVE
ACTION WORKSHEET), and in addition, documentation demonstrating
that abatement is complete must be included with your
certification.  This documentation may include, but is not limited
to, evidence of the purchase or repair of the equipment,
photographic or video evidence of abatement, or other written
records.t,