OSHA Inspection: DUKE FARMS LLC

Issued

2024-04-04 00:00:00

Penalty

Initial $11292.00 · Current $6775.00 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:  a.) At the worksite, located at 5880 Staley Rd Fort Myers, FL 33905; On or about 1/30/24, 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 falls, struck-by and crushing hazards while hitching rides on the sides of the wheel loaders and standing within the modified basket tree carrier attachment while a yellow KCM 40ZV-2 Compact Wheel Loader and an orange Hitachi ZW1180 Wheel Loader was operating and driving during tree shipping operations.

Issued

2024-04-04 00:00:00

Penalty

Initial $11292.00 · Current $6775.00 Reduced

General-duty citation text

29 CFR  1926.602(a)(1): These rules apply to the following types of earthmoving equipment: scrapers, loaders, crawler or wheel tractors, bulldozers, off-highway trucks, graders, agricultural and industrial tractors, and similar equipment. The promulgation of specific rules for compactors and rubber-tired "skid-steer" equipment is reserved pending consideration of standards currently being developed.   In the alternative:  29 CFR  1926.28(a): The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.  a.) At the worksite, located at 5880 Staley Rd Fort Myers, FL 33905; On or about 1/30/24, the employer exposed employees to crush by hazards when employees were passengers in a Utility Vehicle, a yellow KCM 40ZV-2 Compact Wheel Loader and an orange Hitachi ZW1180 Wheel Loader, without using the provided seat belt, or other means of restraint, to ensure they remain safely inside the operator's compartment in the event of sudden unexpected motion.