OSHA Inspection: LEXINGTON TN HWY DEPT

Issued

Mar 5, 2014

Abate by

Mar 31, 2014

General-duty citation text

NYSLL Article 2, Section 27-a.3.a(1):  The employer did not
furnish to each of its employees, employment and a place of
employment which was free from recognized hazards that are causing
or were likely to cause death or serious physical harm to its
employees and which will provide reasonable and adequate protection
to the lives, safety or health of its employees.  In applying this
paragraph, fundamental distinctions between private and public
employment have been recognized.
a) Lexington Tn Hwy Dept - The employer did not keep the workplace
free from the hazard of being struck by vehicles during a hot mix
asphalt paving operation. The operator of the Hamm 2410SD roller
did not make certain that the travel area was free of personnel and
vehicles before moving the roller.
Alleged hazard: An employee of the Lexington Town Highway
Department was pinned between the rear of a dump truck and pavement
roller during a paving operation.
Conditions observed: Through interviews with personnel present
during the accident and an inspection of the accident site, it was
determined that an employee was standing between the raised bed and
tailgate of the dump truck, cleaning out material, when he was
struck by the pavement roller.
Determination: Section 27-a(3)(a)(1) of the PESH Act requires that
"Every employer shall: (1) Furnish to each of its employees,
employment and a place of employment which are free from recognized
hazards that are causing or likely to cause death or serious
physical harm to its employees and which will provide reasonable
and adequate protection to the lives, safety and health of its
employees." The employer was in violation of the general duty
clause for the following reasons:
(1)The employer failed to keep the workplace free from a hazard to
which employees were exposed;
The Lexington Town Highway Department did not keep the workplace
free from the hazard of being struck by vehicles during a hot mix
paving operation. The operator of the Hamm 2410SD roller did not
make certain that the travel area was free of personnel and
vehicles before moving the roller in the path of an employee
working between the tailgate and dump body of a dump truck.
(2) The hazard was recognized;
Common sense dictates that an employee should not have been working
between the tailgate and raised dump body of a dump truck in the
direct path of the compactor roller. This hazard is also recognized
by ANSI standard A10.17 - 2006.
(3) The hazard was causing or was likely to cause death or serious
physical harm;
The hazard of performing cleaning of a vehicle while in the direct
path of a compactor roller resulted in an employee having both legs
broken. This type of hazard is also capable of causing amputations,
internal injuries or even death.
(4)Reasonable and adequate methods to correct the hazard exists;
Reasonable and adequate methods to correct this hazard would
include but are not limited to:
For drivers of all vehicles operating in and around the job site to
exercise caution with respect to other vehicles and pedestrians;
Another method would be to conduct the cleaning of construction
vehicles in a safe area away from an active work zone;
It is also important that when employees are working in close
proximity to construction equipment that they are able to maintain
visual contact with equipment and personnel at all times.nel

Issued

Mar 5, 2014

Abate by

Apr 21, 2014