Text For Citation: 01 Item/Group: 001 Hazard:

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 hazards: (a) On or about June 14th, 2016 for an employee that was fatally injured after attempting to reposition an eight yard steel garbage container to the rear of the hopper opening of the garbage truck without adequate clearance and while using equipment that was not intended for its proper use at 1800 Two Ten Drive in Whapeton, North Dakota. Abatement Note: Among other methods, one feasible and acceptable abatement method to correct the hazard would be to implement a Safety and Training Program in accordance with American National Standard Institute (ANSI) Z245.1-2008 for Equipment Technology and Operations for Waste and Recyclable Materials ---Mobile Wastes and Recyclable Materials Collection, Transportation and Compaction Equipment- Safety Requirements including, but not limited to: Paragraph 6.2.5.7.1 Adequate Clearance: Ensuring that persons are away from container lifting devices, containers, and areas of operation during all phases of the operation and ensuring that there is adequate clearance for the operation before activating any container lifting devices. Paragraph 6.2.5.7.2 Container Compatibility: Ensuring that the containers are compatible with the lifting devices used, that the containers are properly secured to the lifting devices, and that the contents of overfilled containers be adjusted so as not to interfere with the performance of the lifting devices;