OSHA Inspection: NUNDA VILL HIGHWAY DEPT

Issued

Nov 30, 2010

Abate by

Dec 3, 2010

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)The employer failed to keep the workplace free of a recognized hazard to
which
employees of that employer were exposed. Up to as many as three employees
would ride
on the front/hitch connection part of a (LCT 60C Leaf Collector) leaf
vacuum collection
trailer unit. The leaf vacuum trailer unit (with three employee riders)
was observed on
open village streets with a posted speed limit of 30 MPH.
The hazard was recognized. The employer representative, the DPW
superintendent,
was
part of the leaf collection crew and a large legible hazard warning label
was affixed to
the unit by the manufacturer. The label stated "DANGER...Riding on unit
could result
in bodily harm or fatal injury".
The hazard was likely to cause death or serious physical injury from
injuries that include
but are not limited to: contusions, concussions, crushing injuries, etc.
as a result of falls
from the moving trailer unit, struck by  injuries from the trailer unit
itself and/or other
traffic vehicles.
Reasonable and adequate abatement methods were readily available to
eliminate the
hazard such as but not limited to: having the additional leaf crew members
ride in
another authorized traffic vehicle (DPW pickup truck) or for short
distances between leaf
collection piles the additional crew could walk on the village sidewalks.
At the time of the inspection the DPW Superintendent agreed to stop the
practice of
employees riding the leaf vacuum trailer unit and provide alternative
methods of
transportation for additional leaf crew members such as the DPW pickup
truck.