OSHA Inspection: BROAD OAK TREE & SHRUB CARE, INC.

Issued

Nov 27, 2023

Abate by

Dec 29, 2023

Penalty

Initial $4,688 · Current $0 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: 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 the hazard of being struck by a falling tree or tree limb.   Site- On or about August 1, 2023, an employee operating a chainsaw while felling a damaged and decayed ash tree, due to an Emerald Ash Borer infestation, was struck by a falling limb which separated from the tree during the felling operation. A pull line was attached to a tree limb for the purpose of directional felling, the tree limb did not have the structural integrity to sustain the forces applied. The limb separated from the tree prior to the chainsaw operator completing their back cut, striking the chainsaw operator located at the base of the tree. The winch operator and the injured employee did not utilize a command and response communication method prior to the winch operator applying tension to the pull line while the injured employee was operating the chain saw. The injured employee did not receive any / timely / adequate notification that the winch operator was applying tension to the pull line so they could vacate the drop zone. The intended use for the winch on the Brush Bandit 1590XP brush chipper is to assist the operator in pulling large tree limbs to the wood chipper feed wheels without having to lift and carry. At the time of the incident the winch was not being used as intended and was pulling on an intact tree to assist with directional felling.  Additionally, before beginning the tree removal operation, the employer did not adequately consider relevant factors pertaining to the tree and did not take all appropriate actions to ensure a safe removal operation. The employer did not carefully consider the visible tree decay from the Emerald Ash Borer infestation within the tree while developing  an adequate tree removal work plan.