OSHA Inspection: RICARDO OLTIVERO

Issued

Nov 29, 2006

Abate by

Dec 20, 2006

Penalty

Initial $1,500 · Current $1,500

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 employees
were exposed to hazards associated with various types of moving, mobile
farm equipment:
On 5 June 2006, and at other times prior thereto, the employer permitted
hazardous conditions to exist during watermelon harvesting. The employer
did not
ensure the  crew members engaged in harvesting watermelons were protected
against fall hazards and struck-by hazards while working on and around farm
equipment.
A. The crew harvesting watermelons were permitted to ride the loaded
watermelon trailers returning from the fields to the warehouse/packing
shed.
When the crew rode on top of the harvested watermelons, which had been
loaded
onto the trailer, the side rails containing the watermelons were lower
than the
employees. The crew was exposed to being thrown off of the trailer and
being
struck by the trailer or run over by the trailer.
B. The employer did not develop a procedure by which the watermelon
harvesting
crew members were provided with training and appropriate warnings about
hazardous conditions such as, but not limited to, working on and around
moving,
mobile farm equipment.
Among other methods of abatement, one feasible and acceptable abatement
method to correct
this hazard would be to develop procedures by which the employer instructs
employees not to
ride on trailers or wagons loaded with harvested crops and to train and
educate employees to
recognize the hazards of riding on top of harvested crops loaded onto a
trailer or wagon.r