OSHA Inspection: D & K LAWN CARE, LLC

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $5,801 · Current $5,801

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 struck-by and crushing hazards:   (a)D&K Lawn Care, LLC, at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to October 29, 2021, the employer did not ensure employees in the vicinity of a Komatsu WA270-8 wheel loader were protected from struck-by hazards.  On October 29, 2021, an employee walking across the company yard was fatally injured after being struck-by a wheel loader driving in reverse in the yard. This condition exposes employees near the loader to struck-by and crushing hazards.  Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow the guidelines in the Komatsu WA270-8 Wheel Loader Operation and Maintenance Manual and ensure that all equipment operators are trained to recognize struck-by and caught-in-between hazards to take effective measures to minimize those hazards.    1. 3-182 of the Operations Manual, or page 248 states, "Do not allow anyone to enter the area behind the machine;  2. 2-15 of the Operations Manual, or page 37 states, "Only trained and authorized personnel can operate and maintain the machine; 3. 2-27 of the Operations Manual, or page 49 states, "If there is an area in the rear of the machine which cannot be seen, allocate a conductor (spotter).   Additional abatement methods can include but are not limited to the following:  1. Implementing and enforcing a policy prohibiting pedestrian traffic in the yard while the front end loader is operating; 2. The work area should be organized to minimize backing;  3. Backing should only take place in designated locations;  4. There should be clear communication between the operator and workers on foot before backing begins; 5. Hi-Visibility clothing should be worn when working in the yard.    In addition to the safe backing principles, there are several good practices each type of worker could employ:   1. Operators should be certain of their surroundings and the location of workers, equipment and ground obstacles;  2. Spotters should be identified and used when possible and practical, especially when backing or maneuvering near workers on foot or other hazardous conditions;  3. All workers should be trained to avoid approaching or working near backing equipment;  4. Operators and drivers should avoid backing up unless necessary;  5. Operators and drivers must walk around their vehicle to check for hazards; 6. Operators, drivers and workers on foot should be aware of blind areas; 7. Do not cross directly in front of, immediately behind or in close proximity to large heavy equipment or truck;.  8. Communicate with an operator (verbally and/or by confirming signal) before entering any area near heavy equipment or large trucks; 9. Implement new and emerging technologies as available to include more complex collision warning systems which include collision warning systems, cameras, radars, ultrasonic sensors and radio frequency identification (RFID) systems.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $3,315 · Current $2,225 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 were exposed to struck-by and crushing hazards associated with the lack of inspections on the  four-post automotive lift as a part of conducting annual inspections:  a) D & K Lawn Care, LLC at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021, the employer did not inspect the Rotary Vehicle Lift, Model #SM30N012, for defects in that employees were exposed to struck-by and crushing hazards from falling loads in the event of lift failure. This condition exposed employees to struck-by and crushing hazards.   Abatement Note: Among others, the following are feasible and acceptable abatement methods to abate the hazard:   1) Institute a preventative maintenance program in accordance with ANSI/ALI ALOIM.  2) Ensure employees do not use automotive lifts with deficient safety devices.  3) Ensure unsafe lifts are effectively locked out until repairs can be made by qualified personnel.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $2,486 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   (a)D & K Lawn Care, LLC at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021, the employer did not ensure a forklift operator was trained in the operation of powered industrial trucks in that, an operator was not trained in the use of the Hyster, Model#H40XL MIL powered industrial truck prior to use. This condition exposed the employee to the hazard of improper forklift operation.   Abatement Note: Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(2)(ii):The employer did not ensure that each operator had successfully completed the training consisting of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace:  a) D & K Lawn Care, LLC. at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021, the employer did not ensure that training was implemented regarding Powered Industrial Trucks being used within the maintenance shop.  This condition exposed employees to hazards associated with improper use of the Hyster H40XL MIL.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $1,250

General-duty citation text

29 CFR  1910.303(g)(1)(ii): The required working space about electric equipment rated 600 volts, nominal, or less to ground, was used for storage:  (a)D & K Lawn Care, LLC at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021,the employer did not ensure the working space of at least 3 feet in front of electrical panels located on the east side of the shop near the garage door access and allowed access to the panel and clear of materials and supplies.  This condition exposed employees to electrical and mechanical hazards.  (b)D & K Lawn Care, LLC at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021, the employer did not ensure the working space of at least 3 feet in front of electrical panels located on the west side of the shop near the welding equipment was maintained and allowed access to the panel and was clear of materials and supplies. This condition exposed employees to electrical and mechanical hazards.

Issued

Mar 28, 2022

Abate by

May 23, 2022

Penalty

Initial $2,486 · Current $2,000 Reduced

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:  (a)D & K Lawn Care, LLC. at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to October 29, 2021, the employer did not ensure that a  written hazard communication program was developed, implemented, and/or maintained at the workplace.  This condition exposed employees to hazards associated with working with chemicals within the facility.

Issued

Mar 28, 2022

Abate by

May 23, 2022

Penalty

Initial $0 · Current $0

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:  (a)D & K Lawn Care, LLC. at 4000 North National Avenue, Sioux Falls, SD 57104:  On or about and at times prior to November 1, 2021, the employer did not ensure not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard is introduced into the work area. Employees were utilizing various chemicals, to include but not limited to; GrazonNext HL Herbicide, Blue Def, Majestic Green Fertilizer, automotive oil, diesel fuel, and gasoline within the shop. Employees had not been provided effective information and training on the chemicals.  This condition exposed employees to health hazards associated with improper use of chemicals.  Abatement Note:  (a)	Employees shall be informed of:  (1)	Any operation in their work area where hazardous chemicals are present; and,  (2)	The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.  (b)	Employee training shall include at least:  (1)	Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);  (2)	The physical and health hazards of the chemicals in the work area;  (3)	The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;  (4)	The details of the hazardous communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information.