OSHA Inspection: MICHAEL SMITH, INC.

Issued

Oct 18, 2011

Abate by

Nov 4, 2011

Penalty

Initial $4,900 · Current $4,900

General-duty citation text

Section 5(a)1 of the Occupational Safety and Health Act of 1970:
The employer did not furnish to each of his employees 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 the hazard of
drowning:
On or about 04/27/2011, at 2550 Minute Maid Road (extension), on the south
canal at Marsh
Cow Pens West, in Fort Pierce, Florida, an employee operating a John Deere
200CLC excavator
near a sloped embankment of a canal drowned when the equipment fell into
the body of water.
Among other methods, a feasible and acceptable means of abatement is to
ensure compliance
with the safety instructions of the operator's manual for the excavator.
Avoid Work Site
Hazards. Operate only on solid footing with strength sufficient to support
machine. Avoid
Machine Tip Over. Be careful on slopes. Use extra care on soft,
rocky...ground. Machine may
slip sideways in these conditions. Ensure solid footing. Use extra care
when operating near
banks or excavations that may cave-in and cause machine to tip or fall.
PLEASE NOTE: DOCUMENTATION AND CERTIFICATION OF ABATEMENT IS
REQUIRED FOR THIS VIOLATION.