OSHA Inspection: BILL-MAR, LLC

Issued

Mar 8, 2023

Abate by

May 1, 2023

Penalty

Initial $10,938 · Current $8,725 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 from crushing hazards:  On or about December 7, 2022, the employer exposed employees engaged in landscaping or similar activities at the jobsite located at 19215 Camden Avenue, Elkhorn, Nebraska to struck-by and crushing hazards while working beneath the raised fork attachment of a skid-steer loader. An employee working under a raised forklift attachment suffered crushing injuries when the forks lowered suddenly or unexpectedly.  FEASIBLE AND ACCEPTABLE ABATEMENT METHODS TO CORRECT THIS HAZARD INCLUDE BUT ARE NOT LIMITED TO:  1) Ensure employees are never positioned under the raised lift arms of skid-steer loaders unless an adequate blocking device is in place to prevent the lift arms from lowering.  2) Design and implement adequate procedures for cleaning and maintaining all parts of the  skid-steer loader, including foot pedals, which address protective measures to prevent employees from being exposed to crushing hazards by the lift arms;  provide the equipment and techniques needed to adequately block the lift arms from lowering if work must be done with fork arms raised; and explain who is authorized to perform work involving blocking the lift arms.  3) Design and implement a training program to teach employees about the hazards posed by the raised lift arms, that incorporates the employee never being underneath the lift arms unless adequately blocked, the training should also address the limited circumstances in which work would need to be performed under adequately blocked lift arms and who is authorized to perform the steps need to block the lift arms.

Issued

Mar 8, 2023

Abate by

May 1, 2023

Penalty

Initial $10,938 · Current $8,725 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 environment to control or eliminate any hazards or other exposure to illness or injury:  Employees engaged in landscaping or similar activities at the jobsite located at 19215 Camden Avenue, Elkhorn, Nebraska were exposed to struck-by and crushing hazards in that the employees were not instructed in the recognition of the hazards associated with working on or around earth moving equipment and methods to mitigate those hazards.

Issued

Mar 8, 2023

Abate by

May 1, 2023

Penalty

Initial $7,813 · Current $6,250 Reduced

General-duty citation text

29 CFR 1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident:  On or about December 7, 2022: An employee engaged in landscaping or similar activities at the jobsite located at 19215 Camden Avenue, Elkhorn, Nebraska died after being struck by skid-steer loader lift arms and fork attachment. The employer did not report the work-related fatality to OSHA within 8 hours.