OSHA Inspection: BPX CONTRACTORS, INC.

Issued

Jul 30, 2009

Abate by

Aug 5, 2009

Penalty

Initial $1,500 · Current $750 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:
(a)On or about June 15th, 2009, the employer did not ensure that
employee(s)
backfilling a garage with a Hitachi ZAXIS 160 LC excavator were kept out
of the
working area of the machine.  This exposed employees to struck by hazards.
A
feasible means of abatement to correct this hazard is to: (1) Keep
peronnel out of
the working area of the machine. (2) Follow the manufacturers manual that
states
to confirm the location of bystanders before moving, swinging, or
operating the
machine. (3) Implement the measures provided in the Safety Manual for
Hydraulic Excavators published by the Association of Equipment
Manufacturers
as follows:  never enter, or allow anyone else to enter the excavator
swing
pivot
area. Death or serious injury may result.
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