OSHA Inspection: NATURAL BEAUTY LANDSCAPING, INC.

Issued

Dec 9, 2009

Abate by

Dec 13, 2009

Penalty

Initial $750 · Current $375 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 an elevated fall hazard from a manually propelled
elevating aerial platform:
(a)  Village Green of Lincolnshire, 150 Old Half Day Road - An employee
who operated the
JDC Industries Unilift (manually propelled elevating aerial platform),
Model Number 538, was
not provided with fall protection.  Employees were exposed to an elevated
fall hazard of 12 foot
to 13 foot high from the ground level while standing in the bucket of the
Unilift (manually
propelled elevating aerial platform) installing Christmas lights on a tree.
Among other methods, one feasible and acceptable method to correct this
hazard includes but
not limited to the following:
In accordance with ANSI/SIA A92 - American National Standard Institute for
Manually
Propelled Elevating Aerial Platforms; Section 7.10 (1) "If occupant(s) of
the platform are
required to wear personal fall protection equipment, occupants shall
comply with instructions
provided by the aerial platform manufacturer regarding anchorage" and
Section 7.10 (8) "The
user shall direct the operator to ensure all personnel on the platform
wear personal protective
equipment as required."  Also, Section 8.6 (3) states "Ensure all
occupants of the aerial platform
wear appropriate personal protective equipment for the conditions,
including the environment
in which the aerial platform will be operated" and Section 8.8 (4) "All
personnel on the aerial
platform have appropriate personal protective equipment for the work and
environment
envisioned."  The manufacturer's operation manual requires "Never operate
any aerial equipment
without wearing an approved body harness. Attached the harness lanyard to
the "D" ring on the
bottom of the upper boom."
In accordance with 29 CFR 29 1903.19(d), abatement certification is
required for this
violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and
in addition, documentation demonstrating that abatement is complete must
be included with
your certification.  This documentation may include, but is not limited
to, evidence of the
purchase or repair of the equipment, photographic or video evidence of
abatement or other
written records.