OSHA Inspection: PIERPOINT LAWN AND LANDSCAPE, INC.

Issued

2021-08-25 00:00:00

Abate by

2021-10-21 00:00:00

Penalty

Initial $5461.00 · Current $5461.00

General-duty citation text

29 CFR 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.  The employer is failing to protect employees from drowning, and crushing hazards associated with the rollover of a riding lawnmower while operating an eXmark Lazer Z E-Series Serial Number 406526427 and Model LZE751GKA524A2.  This was most recently documented on or about June 02, 2021 at Pierpoint Lawn and Landscape Inc. jobsite located at 217 South Borduelac Wichita Kansas 67230 (between 159th East and U.S. 54/Kellogg, near Andover), where the employer has an employee using a Zero Turn Lazer Z E-Series 52" riding lawnmower to cut the lawn.  Instances of exposure include but are not limited to:  1) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower on inclines of approximately 19 to 32 degrees adjacent to a pond. 2) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without the protection of the roll over protection structure (ROPS) while mowing on an incline. 3) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without the safety restraint devices (seatbelt) while mowing on an incline. 4) Employees operating the Zero Turn Lazer Z E-Series 52" riding lawnmower without adequate training.  AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO CORRECT THIS HAZARD IS TO:  (1) Follow the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual. Page 5/64, "Safe Operating Practices - Training. All operators and mechanics should be trained. The owner is responsible for training the users." Page 8/64, "Slope Operation. Use Extreme caution when mowing and/or turning on slopes as loss of traction and/or tip-over could occur. The operator is responsible for safe operation on slopes." DANGER. Operating on wet grass or steep slopes can cause sliding and loss of control. Wheels dropping over edges, ditches, steep banks, or water can cause rollovers, which may result in serious injury, death or drowning. Do Not mow slopes greater than 15 degrees. (2) Ensure the riding lawnmower is not operated on a slope exceeding manufacturer's recommendation of 15 degrees as found on page 8/64 and page 14/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Do Not mow slopes greater than 15 degrees", and instead use alternate methods (such as push mowers and/or weed eaters) for cutting grass in these areas, which stated "Use a walk behind mower and/or a hand trimmer near drop-offs, ditches, steep banks or water. (Figure 3)." (3) Provide training program to address working near water,  working with slopes, how and when to use ROPS and seatbelts.  (4) Conduct a hazard assessment to determine areas that are on or near water with slopes that are greater than 15 degrees and develop alternate safe working practices that mitigate the risk. (5) Ensure that the roll over protective structure (ROPS) is in the up position as required on page 8/64, page 9/64, and page 12/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Keep the roll bar in the raised and locked position and use seat belt." This safety feature is also required on page 72/121 of the ANSI/OPEI B71.1-2017 for Consumer Turf Care Equipment - Pedestrian-Controlled Mowers and Ride-On Mowers - Safety Specifications. Figure 6 - Safety instructions for pedestrian-controlled and ride-on mowers. IMPORTANT. Safe Practices for Pedestrian-Controlled and Ride-On Mowers. Section IX. ROPS*, Part 2. "Keep a folding ROPS in the raised and locked position and use the seat belt when operating the machine." Page 78/140 of the ANSI/OPEI B71.4-2017 for Commercial Turf Care Equipment - Safety Specifications. Figure 3 - Safety instructions for commercial turf care equipment. IMPORTANT. Safe Practices for Pedestrian-Controlled and Ride-On Machines. Section IX. ROPS*, Part 2. "Keep a folding ROPS in the raised and locked position and use the seat belt when operating the machine." (6) Ensure that the employees are utilizing  the seatbelt as required on page 8/64, page 9/64, and page 12/64 of the eXmark LAZER Z� S-SERIES for Serial Number 920,000 and Higher Lazer Z (LZS) Units, Part No. 4500-728 Rev. A, Operator's Manual, which stated "Keep the roll bar in the raised and locked position and use seat belt." (7) Ensure employees read and understand the Operator's Manual prior to operating the riding lawnmower. (8) Establish and implement unannounced safety audits to ensure all operators are following established safety procedures. (9) Develop methods to monitor and to ensure that the established safety rules are enforced.

Issued

2021-08-25 00:00:00

Abate by

2021-10-21 00:00:00

Penalty

Initial $2340.00 · Current $2340.00

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  The employer is failing to protect employees from chemical exposure hazards associated with using petroleum products for lawn maintenance equipment. This was most recently documented on or about June 02, 2021 at Pierpoint Lawn and Landscape Inc. jobsite located at 217 South Borduelac Wichita Kansas 67230 (between 159th East and U.S. 54/Kellogg, near Andover). Where the employer has employees using gasoline mixed with 2-cycle engine oil as well as hydraulic fluid in the daily operations and maintenance of the lawn equipment used on this job site without having developed and implemented a Hazardous Communications Program.  29 CFR 1903.19(c)(1) requires certification that the abatement of the above violation is complete.

Issued

2021-08-25 00:00:00

Abate by

2021-10-21 00:00:00

Penalty

Initial $2340.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they are readily accessible during each work shift to employees when they are in their work area(s):   The employer is failing to protect employees from chemical hazards associated with using petroleum products with lawn equipment. This was most recently documented on or about June 02, 2021 at Pierpoint Lawn and Landscape Inc. jobsite located at 217 South Borduelac Wichita Kansas 67230 (between 159th East and U.S. 54/Kellogg, near Andover). Where the employer has employees using gasoline mixed with 2-cycle engine oil as well as hydraulic fluid in the daily operations and maintenance of the lawn equipment used on this job site without providing or made available safety data sheets.  29 CFR 1903.19(c)(1) requires certification that the abatement of the above violation is complete.

Issued

2021-08-25 00:00:00

Abate by

2021-10-21 00:00:00

Penalty

Initial $2340.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  The employer is failing to train employees on the recognition of chemical hazards associated with using petroleum products for lawn maintenance equipment. This was most recently documented on or about June 02, 2021 at Pierpoint Lawn and Landscape Inc. jobsite located at 217 South Borduelac Wichita Kansas 67230 (between 159th East and U.S. 54/Kellogg, near Andover). Where the employer has inadequately trained employees engaged in lawn care activities using gasoline, mixed 2-cycle engine oil with gasoline, motor oil, and hydraulic fluid in the operation and maintenance of the lawn equipment.  29 CFR 1903.19(c)(1) requires certification that the abatement of the above violation is complete.

Issued

2021-08-25 00:00:00

Penalty

Initial $3901.00 · Current $2341.00 Reduced

General-duty citation text

29 CFR 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, the employer did not report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:   A work related incident which resulted in a fatality was not reported to OSHA within eight (8) hours. The incident occurred on or about June 2, 2021 at 2:00 pm on the jobsite located at 217 South Borduelac Wichita Kansas 67230 and was not reported to OSHA until June 5, 2021 at 11:37 pm.  29 CFR 1903.19(c)(2) Abatement for the above violation was verified at time of inspection.  No certification is required.