OSHA Inspection: BRICKMAN GROUP

Issued

Oct 8, 2010

Abate by

Aug 3, 2011

Penalty

Initial $7,000 · Current $3,500 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 an employee
was exposed to drowning from sliding and loss of control of equipment
while mowing on a hill:
(a)4800/4801 Rockhill Road, Kansas City, Missouri:  An employee was mowing
on
a hill using a Lazer Z, zero turn radius, riding lawnmower, with the roll
bar
down.  The riding lawnmower went straight down the hill, over a retaining
wall,
over a sidewalk and into Brush Creek where the employee drowned on or about
May 14, 2010.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE
METHOD TO CORRECT THIS HAZARD IS TO:
(1)Follow the Operator's Manual for the ExMark Lazer Z Advantage Series
Models For Serial Nos. 850,000 & Higher, Lazer Z (LZA) Units, Part
No. 4500-566 Rev. B page 8, "Do Not mow slopes when grass is wet; Do
Not mow near drop-offs; Do Not mow slopes greater than 15 degrees;
Reduce speed and use extreme caution on slopes; Avoid sudden turns or
rapid speed changes; Keep the roll bar in the raised and locked position
and use seat belt."
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.