OSHA Inspection: NDL, LLC

Issued

Dec 11, 2009

Abate by

Dec 16, 2009

Penalty

Initial $1,250 · Current $938 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 are exposed to a crushing and/or drowning hazard caused by
mowers turning over
when employees operate mowers on grades sloped at angles that exceed the
manufactures
recommendations, or when employees operate mowers in close proximity to
lakes and
embankments, on or about 08/28/09.
a) At the site, the rollover protective structure of a Toro Z Master
riding mower,
serial number 260000633, model number 74262, was broken in that, it could
not be
secured in the vertical position; the rollover protective structure was
folded down, and
out of use. The rollover protective structure could not be secured in the
up position
due to a missing bracket or pin exposing employees to a struck by or
crushing
hazard
should the mower turn over. Employees were observed operating  mowers on
grades
with slopes up to 18.3 degrees, on or about 08/28/09.
Among other methods, one feasible and acceptable abatement method to
correct this
hazard is to:
1. Equip the mower with a properly functioning rollover protection system
and ensure
that employees are trained to inspect the Roll-over protective system to
ensure that the
system is installed and used in accordance with manufactures
recommendations.
2. Develop and implement a written operator training program for employees
who
operate mowers.  The program should incorporates topics such as, but not
limited to:
Hazard recognition of potentially dangerous conditions, such as those
stated in the
"Safety Instructions for Operators" section of the American National
Standard
for
"Safety Specification for Power Lawn Mowers, Lawn and Garden Tractors, and
lawn
Tractor", ANSI B71.1-2003".
3. Follow the manufacturer operating instructions and "Safe Operating
Practices"
found in the Z-Master with 60 inch.  Side Discharge Mower Model No. 74262
Operator's Manual. This includes  "mowing up and down" grades with slopes
greater
than 5 degrees and to never operate mowers on slopes greater than 15
degrees.
4. Use weed-edging equipment and walk behind mowers in the "Safety Zone"
areas
(at the edge of waters and near drop offs).
5. Establish and implement unannounced safety audits to ensure all
operators are
following established safety procedures.
6. Develop a method to insure that the established safety rules are
enforced.

Issued

Dec 11, 2009

Abate by

Dec 16, 2009

Penalty

Initial $750 · Current $563 Reduced

Issued

Dec 11, 2009

Abate by

Dec 16, 2009