OSHA Inspection: TREE WISE MEN LLC

Issued

Mar 17, 2025

Abate by

May 2, 2025

Penalty

Initial $7,282 · Current $5,462 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 the hazard of being struck by falling trees during manual tree removal operations:   (a) On or about September 30, 2024, for employees working on a ground crew in a manual tree removal project who was struck by a falling tree while standing within the drop zone at or near 7723 Hackett Road in Whitewater, Wisconsin.  (b) On or about September 30, 2024, for employees situated within the danger zone where the tree could have fallen onto them as the notch cut made exceeded one-third the diameter of the tree; the depth of the notch created a Dutchman and during the back cut left an unsuitable amount of hinge wood and prevented the notch from performing its intended function because the notch could close up putting stress on the hinge and causing it to break prematurely resulting in reduced felling control.  Alleged violation description is revised:  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 the hazard of being struck by falling trees during manual tree removal operations:   (a) On or about September 30, 2024, for employees working on a ground crew in a manual tree removal project who was struck by a falling tree while standing within the drop zone at or near 7723 Hackett Road in Whitewater, Wisconsin.   (b) On or about September 30, 2024, for employees situated within the danger zone where the tree could have fallen onto them as the depth of the notch created a Dutchman and during the back cut left an unsuitable amount of hinge wood and prevented the notch from performing its intended function because the notch could close up putting stress on the hinge and causing it to break prematurely resulting in reduced felling control.  Among other methods, feasible and acceptable means of hazard abatement include following the national consensus standard requirements of the American National Standards Institute (ANSI) Z133-2017 for Arboricultural Operations-Safety Requirements:   Section 8.5.13.5: Saw cuts made to form the notch and back cut shall leave suitable amounts of hinge wood to adequately control the directional fall of the tree.   Section 8.6.4: In manual tree felling operations, non-involved workers shall be positioned at a distance from the tree at least two (2.0) times the height of the tree or trunk being removed until the chain saw operator and/or crew leader communicates that it is safe to approach more closely. Involved workers other than the chain saw operator, including but not limited to those who handle ropes/taglines, come-alongs/winches, etc., shall be positioned at a distance from the tree at least one-and-one-half (1.5) times the height of the tree or trunk being removed until the chain saw operator and/or crew leader communicates that it is safe to approach more closely.   8.6.13.1 The two cuts that form the notch shall meet at a point called the apex and shall not cross that point or go beyond the point where they meet.