OSHA Inspection: NC DEPT OF TRANSPORTATION/D3-NEWHANOVER CO MAINT

Issued

Dec 2, 2008

Abate by

Dec 5, 2008

Penalty

Initial $3,150 · Current $2,363 Reduced

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:  The
employer did not furnish each of his employees conditions of employment
and a place of employment 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 possibility of death from being struck by
construction equipment.
a)job site, 1/10 west of mile marker 59 on Hwy 17 by-pass - JCB Model 215
C3 backhoe was
placed in reverse gear with engine revolutions set at high as the drive
wheels were lowered to
the ground.  The quick movement of the machine, coupled with the close
proximity of the
workers caused an employee to be struck by, and run over by the backhoe.
This condition
resulted in an accident and subsequent fatality on June 3, 2008
among other methods, one feasible abatement would be to provide employees
with machine
specific training to insure that when operating the backhoe part of the
machine that all
employees remain clear of the bucket.