OSHA Inspection: ONEIDA HERKIMER SOLID WASTE AUTH

Issued

Apr 23, 2014

Abate by

Jun 9, 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) Oneida Herkimer Solid Waste Auth - The employer did not keep the
workplace free from the
crushing hazard created by the improper operation of the Philadelphia
Tramrail Stationary
Compactor and Canister.  On August 2, 2103, an employee's upper body was
crushed between
the Philadelphia Tramrail compactor and canister when other employees
attempted to push the
canister back into the compactor with a loader.
Alleged Hazard:  The crushing hazard created by the improper operation of
the
Philadelphia
Tramrail Stationary Compactor and Canister.
Conditions Observed:  According to information obtained from employees who
were present
when the accident occurred, an Oneida Herkimer Solid Waste Authority
employee's upper body
was crushed between the Philadelphia Tramrail compactor and canister when
other employees
attempted to push the canister back into the compactor with a loader.
Determination:  Section 27-a(3)(a)(1) of the PESH Act requires that "Every
employer shall: (1)
Furnish to each of its employees, employment and a place of employment
which are free from
recognized hazards that are causing or likely to cause death or serious
physical harm to its
employees and which will provide reasonable and adequate protection to the
lives, safety and
health of its employees."  The employer was in violation of the general
duty clause for the
following reasons:
(1)The employer failed to keep the workplace free from a hazard to which
employees were
exposed;
The Oneida Herkimer Solid Waste Authority did not keep the workplace free
from the hazard
of being crushed between the canister and compactor of the Philadelphia
Tramrail Stationary
Compactor and Canister.   On August 2, 2013, when the canister was not
secured to the
compactor after it was emptied, employees attempted to return the canister
to its proper place.
Without specific procedures to follow, the employees improvised and used a
front end loader
to push the canister back into the compactor.  An employee's upper body
was crushed between
the canister and the compactor when the canister was pushed into the
compactor.
(2)The hazard was recognized;
Hazards created by the improper operation of the Philadelphia Tramrail
Stationary Compactor
and Canister were recognized by the manufacturer because Section 6.2 of
the owner's manual
states the employer shall be responsible for providing instruction and
training in safe methods
of work to employees before assigning them to operate, clean, service,
maintain or repair the
equipment.
The hazards created by improper operation were recognized by the American
National Standards
Institute (ANSI).  Section 7.1 of ANSI Standard Z 245.2-2004 for
Stationary Compactors -
Safety Requirements for Installation, Maintenance and Operation states the
owner/operator shall
be responsible for (b) providing to employees instruction and training in
safe work methods
before assigning them to operate, clean, service, maintain, modify, or
repair the stationary
compactor and (c) providing instructions for addressing abnormal
situations.  The hazards
created by improper operation were also recognized by the National
Institute for Occupational
Safety and Health (NIOSH) in the NIOSH Alert - Preventing Deaths and
Injuries While
Compacting or Bailing Refuse Material.  The NIOSH Alert advises employers
to train workers
to recognize compactor and bailer hazards and implement standard
procedures for dealing safely
with material jams to reduce the risk of worker injuries and deaths.
(3)The hazard was causing or was likely to cause death or serious physical
harm;
An employee was fatally injured when the employee's upper body was crushed
between the
compactor and canister when the canister was pushed into the compactor
with a front end loader.
(4)A reasonable and adequate method to correct the hazard exists;
A reasonable and adequate method to correct the hazard includes, but is
not limited to
developing and implementing  procedures for dumping the canister.  The
procedures, at a
minimum, should include methods to account for employees in the area and
increase employee
visibility in the area, methods to reduce pedestrian traffic through the
area
and instructions for
addressing abnormal situations.  Then, training employees on the
procedures and enforcing the
procedures for dumping the canister to the Philadelphia Tramrail Compactor
at the Recycling
Center.  The employer should also follow recommendations made in ANSI
Standard Z 245.2-
2004 for Stationary Compactors - Safety Requirements for Installation,
Maintenance and
Operation and by the manufacturer.