OSHA Inspection: THE PROS INVESTMENT CORP DBA KTK PROPERTY SERVICES

Issued

Nov 7, 2007

Abate by

May 20, 2008

Penalty

Initial $4,900 · Current $600 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 without
the use of flotation devices, were exposed to the hazard of drowning
during herbicide spray
operations from a 12 feet long canoe, when the canoe tipped over due to an
unstable load:
a. At the site on 4723 School Road, Land O' Lakes, Florida, employees were
operating a 12
feet long canoe without personal flotation devices during herbicide spray
operations to eradicate
vegetation growing in the lake. The sprayer which was equipped with a 50
gallon tank was
placed across the canoe top from side to side causing it to tip over
throwing the two employees
into the lake. One employee survived by swimming to the shore. The second
employee drowned.
Among other methods feasible and acceptable methods to correct this hazard
is:
1. Follow and comply with the 2007 Florida Statutes, Chapter 327, Section
327.50 entitled
Vessel Safety Regulations equipment and lighting requirements paragraph
1(a) which states "The
owner and operator of every vessel on the waters of this State shall
carry, store, maintain, and
use safety equipment in accordance with current United States Coast Guard
safety equipment
requirements as specified in the Code of Federal Regulations, unless
expressly exempted by the
Department".
2. Require employees to wear at all times while in a canoe a Coast Guard
approved personal
flotation device.
3. Provide employees training and education on the hazards related to work
operations and on
personal protective equipment to protect them from these hazards.

Issued

Nov 7, 2007

Abate by

May 20, 2008

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 the hazard of drowning during herbicide spray operations from a
12 feet long canoe,
when the canoe was overloaded and tipped over due to an unstable load:
a. At the site on 4723 School Road, Land O' Lakes, Florida, employees were
operating a 12
feet long canoe during herbicide spray operations to eradicate vegetation
growing in the lake.
The canoe was overloaded in that a sprayer which was equipped with a 50
gallon tank was
placed across the canoe top from side to side causing it to tip over
throwing the two employees
into the lake. One employee survived by swimming to the shore. The second
employee drowned.
Among other methods feasible and acceptable methods to correct this hazard
is:
1. Assure that vessels used during spray operations in lakes are not
loaded
beyond their rated
capacity.  Determine, operate and disperse the load within the maximum
weight capacity of the
vessel in accordance with the procedure specified in 33 CFR part 183, as
adopted by Chapter
37 of the Florida Statutes.
2. Provide employees training and education on the hazards related to work
operations including
the proper loading of a canoe.