OSHA Inspection: THE FORD DEVELOPMENT CORPORATION

Issued

Sep 17, 2020

Penalty

Initial $8,501 · Current $0 Reduced

General-duty citation text

29 CFR 1926.201(a):  Flaggers. Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers shall conform to Part VI of the Manual on Uniform Traffic Control Devices, (1988 Edition, Revision 3 or the Millennium Edition), which are incorporated by reference in 29 CFR 1926.200(g)(2).  On or about July 20, 2020, an employee was exposed to a struck-by hazard while directing traffic in a public roadway during a road construction operation that required the setup and use of a temporary traffic control zone. The employee was not wearing high-visibility apparel in accordance with Performance Class 2 or 3 requirements of the ANSI/ISEA 1072004 publication nor was the employee using a Stop/Slow paddle to direct traffic motorists.  Among other methods, feasible and acceptable means of abatement include following the Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition, Chapter 6E.02.01 and Chapter 6E.07.02 Flagger Procedures. For daytime and nighttime activity, flaggers shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 1072004 publication entitled American National Standard for High-Visibility Apparel and Headwear (see Section 1A.11) and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. The apparel background (outer) material color shall be fluorescent orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard. The retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of 1,000 feet. The retroreflective safety apparel shall be designed to clearly identify the wearer as a person.  Flaggers shall use a Stop/Slow paddle, a flag, or an Automated Flagger Assistance Device (AFAD) to control road users approaching a temporary traffic control zone. The use of hand movements alone without a paddle, flag, or AFAD to control road users shall be prohibited except for law enforcement personnel or emergency responders at incident scenes as described in Section 6I.01.