OSHA Inspection: CONSTRUCTORS, INC.

Issued

Apr 2, 2025

Penalty

Initial $10,641 · Current $7,500 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.  On or about January 14, 2025, employees engaged in concrete demolition activities located at 6700 Cornhusker Hwy, Lincoln, Nebraska, were exposed to struck-by and crushing hazards. The employer did not ensure safe working conditions  while working near and around the swing radius of the John Deere Excavator Model#: 245GLC. On January 14, 2025, employees were assigned the task of collecting rebar scraps from the concrete demolition while the excavator was operating within its swing pattern. When the excavator tracks and boom moved, the attachment struck the employee, resulting in serious injuries. The employer had failed to protect employee(s) working within the swing pattern of the excavator from struck-by hazards and crushing injuries associated with being within the danger zone of the excavator's swing pattern.  AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE ABATEMENT METHODS INCLUDE BUT ARE NOT LIMITED TO:  a) Follow the Association of Equipment Manufacturers (AEM) for the Hydraulic Excavator to ensure that all excavator operators are trained to recognize the danger zone presented by the swing radius and to take effective measures to eliminate those hazards and identify the location of other personnel and machines; set up safety barriers to the sides and rear of the excavator's swing patterns to prevent anyone from walking into the working area; and do not allow anyone to stand within the operating work radius of the machine.  b) Follow the operator's manual for all equipment but not limited to the 245GLC Excavator and the Rammer 2577e by implementing a barrier by erecting or maintain control lines, warning lines, railings or similar barriers to mark the boundaries of the hazard areas or use a combination of warning signs (such as "Danger-Swing/Crush Zone") and high visibility markings on the equipment that identify the hazard areas.