OSHA Inspection: MIRAGE BUILDERS, INC.

Issued

Nov 19, 2008

Abate by

Nov 27, 2008

Penalty

Initial $2,275

General-duty citation text

Nevada Revised Statute 618.375(1):  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:
The employer failed to ensure that the place of employment was free from
recognized hazards
in that:
Employee #1, a Laborer and Rough Terrain Forklift Operator, was assigned
to move eight, 36
foot long metal studs from the north pick up point to the west porte
cochere of the Encore
construction site. The studs were tied together by another employee and a
laborer foreman and
then suspended in the middle of the bundle underneath the forklift tines.
The other end of the
studs were secured to the engine housing of the forklift with nine wire
but the wire broke as he
left the asphalt surface and turned left onto a dirt access road. Just
before arriving at his
destination, Employee #1 stopped the forklift to let another vehicle pass
him and he then
proceeded forward driving the left front tire up on a berm to avoid an
electrical box.  At this
time the studs came through the missing side window frame and cascaded
forward pinning
Employee #1 against the seat.  As a result the studs lacerated the right
side of his stomach and
broke out the rear window:
a.During transportation of eight, 36 foot long studs suspended below the
tines of
a Rough Terrain Forklift, the employer did not require the use of tethers
or
taglines to restrict movement of the load.
Reference:  Association of Equipment Manufacturers, Rough Terrain Forklift
Safety manual for Operating and Maintenance Personnel, 1985, revised 9/96,
3/03 - Page 26, Transporting the Load, Be Sure to:  "Use a tether or
tagline to
restrict load movement."
Reference:  Ingersoll-Rand, Operation & Maintenance Manual for VR-1056C,
Variable Reach Forklift, Effective with S/N:  175783, December 22, 2003:
-Page 1-14, Section 1, Safety, fourth paragraph: "If a suspended load must
be lifted, DO NOT permit it to swing freely; use a tether to control its
movement."
-Page 4-35, Section 4, Operating Instructions, #4: "If a suspended load
must be lifted, DO NOT permit it to swing freely.  Use a tether to control
its movement."
Reference:  American National Standards Institute (ANSI)/Industrial Truck
Standards Development Foundation (ITSDF) B56.6-2005, Safety Standard for
Rough Terrain Forklift Trucks - Loading, Paragraph 6.4.7(a), "When handling
suspended loads, (5):  use guy lines to restrain load swing whenever
possible."
One feasible means of abatement would be to ensure that all forklift
operators and
employer representatives read and understand the Association of
EquipmentManufacturers Rough Terrain Forklift Safety Manual and
Ingersoll-Rand Operation &
Maintenance Manual located within the forklift and was to be read prior to
operation as
well as the ANSI/ITSDF B56.6-2005 Safety Standard for Rough Terrain
Forklift Trucks.