OSHA Inspection: EASTCHESTER TN HWY DEPT

Issued

May 15, 2014

Abate by

Jul 1, 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 reasonable and adequate abatement method, among others,
would be for the
employer to provide a training and education program for employees prior
to assignment to
working with this type of equipment, and to routinely re-enforce the
training by tail gate training
sessions, so that employees are familiar with safety hazards and safe work
practices related to
refuse collection equipment.
a) Eastchester Tn Hwy Dept:
1.The employer failed to keep the workplace free of a hazard to which
employees
of that
employer are exposed: The employer allowed employees to ride the rear
steps of sanitation
vehicles while moving at speeds greater than 10 mph for more than 0.2
miles and while the
vehicle was backing up. This is not compliant with ANSI Z245.1-1999 and
the NIOSH Alert
for Preventing Worker Injuries and Deaths from Moving Refuse Collection
Vehicles.  On
October 7, 2013 at approximately 2:15pm Eastchester Town Highway Employee
Nicholas
Farella was riding on the back of a Town refuse truck while it was backing
up. Mr. Farella was
crushed when his body got caught between a utility pole and the side of
the truck while it was
backing up. Mr. Farella later died as a result of the injuries he suffered
from the accident.
2. The hazard recognized: The hazards identified associated with working
around and with
refuse collection and compacting vehicles have been documented by the
National Institute of
Occupational Safety and Health (NIOSH) May 1997 NIOSH Alert Notice 97-110,
the
NIOSH
National Traumatic Occupational Fatalities (NTOF) and ANSI Z245.1 Standard
that recommends
that workers ride only in the vehicle cab or on steps specifically
designed for riding, remain
inside the cab until the vehicle is completely stopped,to ensure that no
riders are using the riding
steps when the vehicle is: backing, exceeding 10 miles per hour, or
traveling more than 0.2
miles and ensure that no one rides on the loading sills or in the hopper.
The employer
acknowledged that employees ride on the riding step when the vehicle is
backing up.
Furthermore,there was knowledge as there was a sign on the step indicating
that they should not
ride on it when the truck was backing up.
3. The hazard was causing or likely to cause death or serious physical
harm: The practice of
allowing employees to ride on the back of a refuse truck while backing up
resulted in the death
of Town employee Nicholas Farella on October 7th, 2013.  The continued
allowance of this
practice could reasonably result in further serious injuries and or death.
Additionally,the Town
of Eastchester's lack of hazard awareness training related to refuse
collection equipment can
result in further serious physical injuries and death.
4. There was a reasonable and adequate method to abate the hazard: A
reasonable method of
abatement includes following the NIOSH fact sheet and developing a policy
in accordance with
the NIOSH guidelines, providing staff training, and enforcing the policy.

Issued

May 15, 2014

Abate by

Jun 3, 2014