OSHA Inspection: JOY CONSTRUCTION CORPORATION

Issued

Jun 12, 2023

Penalty

Initial $14,063 · Current $10,550 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 caught-in-between hazards:  Location: 334 E 176th St, Bronx, NY 10462-Building #1  a) On or about December 15th, 2022, employees were exposed to the hazards of being struck by an excavator bucket and being caught in between the bucket and a cylindrical piling.  The employer was using a LIUGONG excavator machine Model CLG936E to raise and lower a submersible pump from a cylindrical piling. Employees performed this task several times over the course of two days. The bucket of the excavator was elevated approximately 6 feet from the ground, and two employees stood under the bucket, attaching the pump's hose to the bucket. The excavator operator exited the excavator while it was running and while the bucket was raised above the workers. The excavator's bucket came down and struck the employees. One employee was fatally injured and the other employee suffered an amputation.  There was a feasible method to correct the hazard:  Among other methods, one feasible and acceptable means of abatement would be to position the excavator's bucket at ground level, not above the employees, while they were rigging the pump to the bucket. Another method would be to use a hoist attached to a scaffold, rather than the excavator's bucket, to raise the submersible pump. The Association of Equipment Manufacturers (AEM) safety manual for hydraulic excavators, p. 11, states: "Never lift or swing a load or attachment over anyone".  The AEM manual further states: a) Page. 12 Section Some Rules You Must Work By: "Whenever you leave the machine, lower the excavator bucket or other attachments to the ground or storage position. Engage the parking brake. Stop the engine. Cycle the hydraulic controls, including auxiliary hydraulic control, to relieve trapped pressure. Engage control lock/gate, if equipped, and remove the ignition key. " b) Page 11 "Know the location of other personnel and machines and make sure they are safe distance from the machine".