OSHA Inspection: KLINGNER FAMILY OIL

Issued

2008-04-17 00:00:00

Abate by

2008-04-23 00:00:00

Penalty

Initial $1500.00 · Current $500.00 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
were exposed to a struck by hazard:
9 Bittersweet Lane:  On 01/28/08 the owner of a fuel oil delivery service
received a fatal injury
while delivering home heating oil with an exposed employee. The vehicles
emergency braking
system was inoperable. The clevis pin that secures the slack adjuster for
the spring brake was
missing making the emergency braking system ineffective. This ineffective
braking, caused the
vehicle to roll uncontrollably down a driveway striking the employer and
exposing an employee
to a crushing hazard. Among other methods, one feasible and acceptable
abatement method to
correct this hazard would be to: Follow both Federal and State Traffic
Laws.
1.Federal Motor Carrier Safety Administration (FMCSA): 393.41 Parking
Brake System:
Air-braked power units manufactured on or after March 1, 1975, and
air-braked trailers
manufactured on or after January 1, 1975. Each air-braked bus, truck and
truck tractor
manufactured on and after March 1, 1975, and each air-braked trailer
except an agricultural
commodity trailer, converter dolly, heavy hauler trailer or pulpwood
trailer,
shall be equipped
with a parking brake system as required by FMVSS No. 121 (S5.6) in effect
at the time of
manufacture. The parking brake shall be capable of holding the vehicle or
combination of
vehicles stationary under any condition of loading in which it is found on
a public road (free of
ice and snow). An agricultural commodity trailer, heavy hauler or pulpwood
trailer shall carry
sufficient chocking blocks to prevent movement when parked.
2.Connecticut Traffic Laws, Title 14. Motor Vehicles, Section 14-80h(c):
Brake
Equipment of Motor Vehicles:
The parking brake system, upon actuation by the operator, shall be
effective in applying braking
action either directly or indirectly on at least two wheels. The parking
brake system shall be
capable of holding the motor vehicle or combination of vehicles attached
thereto stationary under
any condition of loading on any upgrade or downgrade on which it is
operated.
Specific abatement documentation is required.tion