OSHA Inspection: VICTOR EXCAVATING INC

Issued

Apr 8, 2021

Penalty

Initial $9,557 · Current $9,557

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by and crushing hazards:  a) On or about 10/15/2020 at the site of 270 East Avenue, Rochester, New York., an employee was operating a Caterpillar CS34 compactor/roller on a 3 feet high soil pile when the steering became off-center and the roller began to tip and roll over the pile.  The employee jumped or was thrown off of the roller and was crushed to death by the roller. There was a Roll Over Protective Structure (ROPS) on the compactor/roller with a seatbelt but the employee did not wear the seatbelt to ensure maximum rollover protection.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 8, 2021

Penalty

Initial $9,557 · Current $0 Reduced

General-duty citation text

29 CFR  1926.21(b)(2):The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  a) On or about 10/15/20, at the site of 270 East Avenue, Rochester, NY. The employer did not instruct the employee, who operated a Caterpillar CS34 compactor/roller, to recognize and to avoid hazards when operating the roller such as, but not limited to, struck by, caught between, and roll over. There was a Roll Over Protective Structure (ROPS) on the compactor/roller with a seatbelt and the employer did not instruct and enforce that the employee wear the seatbelt to ensure maximum rollover protection.  NO ABATEMENT CERTIFICATION REQUIRED