OSHA Inspection: NASSAU CO PD HWY PATROL BUREAU

Issued

Apr 10, 2013

Abate by

May 27, 2013

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not furnish to
each of its employees,
employment and a place of employment which was free from recognized
hazards that are causing
or were likely to cause death or serious physical harm to its employees
and which will provide
reasonable and adequate protection to the lives, safety or health of its
employees.  In applying
this paragraph, fundamental distinctions between private and public
employment have been
recognized.
(a) Nassau Co PD Highway Patrol -
At approximately 5:00 AM on 10-18-2012, a police officer was exposed to
vehicular traffic
while not wearing required high visibility clothing. The exposure took
place in the eastbound
HOV lane of the Long Island Expressway(LIE), parallel to exit 35, at the
scene
of a multicar
traffic accident.
The employee was exposed to vehicular traffic while not wearing ANSI/ISEA
207-2006
compliant safety vest or Class 2 or 3 ANSI/ISEA 107-2004 compliant high
visibility outer
garments while performing tasks including but not limited to vehicular
accident investigation.
Federal Rule 23 C.F.R. Part 634 requires workers who are working within
the rights-of-way of
Federal -aid highways to wear Class 2 or 3 ANSI/ISEA 107-2004 compliant
safety vests. The
US Department of Transportation Federal Highway Administration, Manual on
Uniform Traffic
Control Devices(MUTCD) 2009 Edition, Chapter 6D. Pedestrian and Worker
Safety, states that
Emergency and incident responders and law enforcement personnel within the
temporary traffic
control(TTC) zone may wear high-visibility safety apparel that meets the
performance
requirements of the ANSI/ISEA 207-2006 publication entitled "American
National Standard for
High-Visibility Public Safety Vests"  or equivalent revisions, and labeled
as ANSI 207-2006,
in lieu of ANSI/ISEA 107-2004 apparel
Mary Ellen Humphrey, OSHA Coordinator and AMT Coordinator for Nassau Co.
PD, stated
the following information. Officer Joseph Olivieri was not wearing a
reflective safety vest while
he was investigating the car accident that took place on the Long Island
Expressway on 10-18-
2012. The officers were trained to wear the vests when performing tasks
including but not
limited to vehicular accident investigation. This rule was not effectively
enforced by the
department.
Reasonable and adequate abatement methods may include but would not be
limited to:
Provide each employee who is exposed to vehicular traffic, an ANSI/ISEA
207-2006 compliant
safety vest or a Class 2 or 3 ANSI/ISEA 107-2004 compliant safety vest.
The employer has to
ensure that the employees wear these vests when they are exposed to
vehicular
traffic.
Audit/supervise the workforce to determine the level of compliance with
established procedures.
Provide effective training and information to employees on the use of
reflective vests.
Workers performing tasks including but not limited to vehicular accident
investigation, are
exposed to the hazard of being struck by a vehicle.

Issued

Apr 10, 2013

Abate by

Jun 27, 2013