OSHA Inspection: COL-YER TREE CARE LLC

Issued

May 28, 2019

Abate by

Feb 4, 2021

Penalty

Initial $3,978 · Current $4,000

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):   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 employees were exposed to a recognized struck-by hazard relating to working on the ground in close proximity to an operating skid steer:     On December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri, the employer exposed an employee to the recognized hazard of being struck by a John Deere Model 329D, PIN 1T0329DJAA0189494 skid steer being used in tree cutting and removal operations.  On December 5, 2018, the employer allowed an employee working on the ground performing tree notching operations with a chain saw to work in close proximity to the skid steer as it was being used to push over notched trees.  The skid steer, moving with its bucket raised and operating down a steep, rough slope, approached a tree that the ground employee had just notched when the skid steer tipped forward striking the employee, who was standing near the notched tree and in the direct path of the moving skid steer.  When the skid steer tipped, its bucket struck the ground employee pinning him to the ground crushing him. The employee died of his injuries.       Among other methods, feasible and acceptable means of hazard abatement include: Developing  and implementing safety measures to keep employees working on the ground away from the path of the operating skid steer by (i) training employees working on the ground to keep clear of operating skid steers, (ii) training employees operating skid steers to not operate in the vicinity of employees working on the ground, and (iii) implementing and enforcing rules and procedures to ensure that employees working on the ground and employees operating skid steers properly plan and coordinate their activities and that employees working on the ground are not in the path of skid steers.  The development and implementation of safety measures should include reviewing and incorporating information from the following resources: (i) the American National ANSI Z133.1 Standard  Specification for Chapter 5 SAFE USE OF VEHICLES AND MOBILE EQUIPMENT USED IN ARBCRICULTURE, which requires that off-road and tracked vehicles be operated at the proper speed and in the proper gear relative to the operating environment and that manufacturers instructions and guidelines be followed (5.8.2), (ii) the manufacturers safety and operating precautions, which advises operators to carry the load low for visibility  purposes, warns to keep bystanders away from operations, and states the need to be aware of worksite hazards (Safety  Operating Precautions 1-3-2) and (iii) the Association of Equipment Manufacturers (AEM) Safety Manual for Operating and Maintenance Personnel March 2013, which warns to keep bystanders well clear of operation, know the work area before you use the equipment, be aware of possible hazards, and carry the load low and at page 27: Warning: Avoid death or serious injury. Keep the load as low as possible for maximum stability AND visibility.

Issued

May 28, 2019

Abate by

Feb 4, 2021

Penalty

Initial $3,978 · Current $0 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):   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 employees operating a skid loader were exposed to ejection, crushing, and blunt force trauma hazards when the skid steer was traveling down a slope with the bucket raised:    On December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri, the employer exposed an employee operating a John Deere Model 329D, PIN 1T0329DJAA0189494 skid steer in tree cutting and removal operations to being ejected, crushed, or injured when it allowed the skid steer to travel down a slope with the bucket raised.  On December 5, the employer was using the skid steer to clear small trees from a creek bed.  An employee working on the ground used a chain saw to notch the trees.  An employee operating the skid steer used the skid steer to push the trees over by raising the bucket and pushing it against a raised place on the trunk until the tree fell. In approaching one of the trees to be felled, the skid steer proceeded down a rough, steep slope with its bucket raised.  The skid steer should not have been traveling down the slope with the bucket raised and the skid steer tipped forward, driving its bucket into the ground causing the driver to strike his head.        Among other methods, feasible and acceptable means of hazard abatement include: Developing and implementing safety measures to prevent employees operating skid steers from traveling down slopes in skid steers with the buckets in a raised position by (i) training employees to keep the bucket lowered when traveling and (ii) putting in place and enforcing rules preventing operation of skid steers from traveling with the bucket in a raised position.  The development and implementation of safety measures should include reviewing and incorporating information from the following resources: (i) the  manufacturers instruction: Safety - Operating Precautions 1-3-2 which provides: when working on steep slopes, travel as straight up and down as possible and keep the heavy end of the vehicle uphill to prevent machine tip over. Carry the load as low as possible for maximum stability and visibility. Select low speed before starting down slope. The slope on which you can operate safely will be limited by ground condition and the load being handled; (ii) the Operators Manual for John Deere 329D and 333D Compact Track Loader: Safety   Operating Precautions which provides at page 1.3.3: Be careful on slopes. Avoid sharp turns. Balance loads so weight is evenly distributed; (iii)ANSI Standard 133.1 Safety Requirements for Arboricultural Operations. Chapter 5 SAFE USE OF VEHICLES AND MOBILE EQUIPMENT USED IN ARBORICULTURE which provides at Section 5.8 -Specialized Units. 5.8.2: Off-road and tracked vehicles shall be operated at the proper speed and in the proper gear relative to the operating environment, and the manufacturers instructions and guidelines; and (iv) the Association of Equipment Manufacturer (AEM) Safety Manual for Operating and Maintenance Personnel March 2013 which provides at page 11: know the work area before you use the equipment, be aware of possible hazards and carry the load low and at page 27: Warning: Avoid death or serious injury. Keep the load as low as possible for maximum stability AND visibility.

Issued

May 28, 2019

Abate by

Feb 4, 2021

Penalty

Initial $3,410 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.132(d)(2):   The employer did not verify, through a written certification, the identity of the workplace evaluated, the person certifying that the evaluation had been performed, and the date the hazard assessment was done:  The employer is failing to protect employees from, amputation and struck-by hazards associated with not conducting and verifying site hazard assessment.. This was most recently documented on December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri: The employer has employees trimming and removing trees on the worksite without using personnel protective equipment.  Instance include but are not limited to:   a. Hardhats to protect employees heads from felling trees and branches. b. Safety glasses to protect employees eyes from flying debris and branches. c. Cut-resistant leg protection for employees operating chainsaws. d. Hearing protection to protect employee from over noise exposure while operating chainsaws.

Issued

May 28, 2019

Abate by

Feb 4, 2021

Penalty

Initial $3,410 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.133(a)(2):   The employer did not ensure that each affected employee used eye protection that provided side protection when there was a hazard from flying objects.  The employer is failing to protect employees from struck-by hazards.  This was most recently documented on December 5, 2018 at worksite located at 19207 Lonager Ln, Waynesville, Missouri- An employee performing commercial tree trimming operations was exposed to a serious eye injury when using a chain saw without safety glasses, goggles or face shield.

Issued

May 28, 2019

Abate by

Feb 4, 2021

Penalty

Initial $3,978 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.135(a)(1):   The employer did not ensure that each affected employee wear a protective helmet when working in areas where there is a potential for injury to the head from falling objects:  The employer is failing to protect employees from  struck-by hazards. This was most recently documented on December 5, 2018, at a worksite located at 19207 Lonager Ln, Waynesville, Missouri at a worksite located at 19207 Lonager Ln, Waynesville, Missouri.The employer has employees performing commercial tree trimming and removal operations without head protection. The nature of felling trees and branches exposes the employees to incidental strikes from falling objects.