OSHA Inspection: D & D BLUESPRINGS LTD. COMPANY

Issued

Mar 4, 2010

Abate by

Apr 6, 2010

Penalty

Initial $7,000 · Current $4,200 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
struck-by injuries by falling from a moving Kawasaki Mule Utility Vehicle
along gravel roadways:
While traveling on a gravel road, two employees riding in the rear cargo
box dangling their legs over
the tailgate of a Kawasaki Mule 3010 Diesel 4X4 with model number KAF950B,
frame number
JK1AFDB137B512229, were distracted when the deceased attempted to reach
for a hat that had
blown off one of the employees head.  During the attempt, the deceased
employee falls out of the
Utility Vehicle on September 15, 2009.  The fall resulted in the death of
one employee on September
16, 2009.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO CORRECT
THIS HAZARD IS TO:
(1)Follow the Kawasaki Mule 3010 Diesel 4X4 Utility Vehicle
Owner/Operator's  Manual,
Section Safe Operation,  Page 67, which states, "This vehicle is
designated for an
operator and one passenger only. Never carry persons in the cargo bed".
(2)Follow the Kawasaki Mule 3010 Diesel 4X4 posted warning labels on the
Utility Vehicle
that state:  "Carrying passengers outside the passenger compartment can be
hazardous"
and "This vehicle is designed to carry the operator and only one passenger
in the seat
provided."
(3)Provide safety rules and policy to forbid personnel from riding inside
the cargo box and
having no more than two persons in the Utility Vehicle.
(4)Develop and provide to personnel a safety and health training program.
(5)Provide Utility Vehicle operator training for personnel and burden
carriers.
29 CFR 1903.19(d)(1) requires certification and documentation that the
abatement of the above violation is
complete.