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Osha Fines Lawn care companies

Discussion in 'Lawn Mowing' started by C&KLawnCare, May 24, 2005.

  1. C&KLawnCare

    C&KLawnCare LawnSite Member
    Posts: 246

    Ok i have seen more than one time , their are those who belive Osha wont touch em well here is a bit of eye opening for you all that belive it..... Miswell sell the equipment and go sell lemonade if you think not folowing regs is good buisness practise.

    PORTLAND, Maine — The federal agency overseeing workplace safety has fined a Falmouth landscaping company for an accident in May that killed a 19-year-old employee who fell from the tailgate of a pickup truck.

    The Occupational Safety and Health Administration found Coastal Lawn Care did not provide safe working conditions, which led to the accident that killed Timothy J. Michaud Jr. of South Portland, according to last month´s citation.

    Michaud was sitting on the tailgate of a truck doing work for the landscaping company last May when the tailgate gave way. He fell to the ground and suffered severe head injuries, dying three days later.

    According to the OSHA citation, the company should not have allowed workers to ride in the bed of the truck.

    Coastal Lawn Care is required to take the corrective steps such as providing workers with appropriate seating and safety belts.

    During the investigation into Michaud´s death, federal officials found two additional violations. The company will be fined $450 for failing to use proper containers to store gasoline and $1,000 for failing to keep injury logs

    another on hearing protection--------Hearing Protectors
    Employers must make hearing protectors available to all employees exposed to noise levels at or above the action level, at no cost to the employees. Hearing protectors must be replaced as necessary.
    Employers must ensure that hearing protectors are worn by any employee whose exposure exceeds permissible levels and by any employee who is exposed to noise at or above the action level and who has not yet had a baseline audiogram established or who has experienced a standard threshold shift.

    Employees must be given the opportunity to select their hearing protectors from a variety of suitable protectors provided by the employer, and the employer must ensure proper initial fitting, provide training in use and care, and supervise correct use.

    Another thing i have noticed some have the idea that OSHA regs are for workers not the owners , who in sam hell do you think whene it says Employers , they are speaking of duhhhhhhhhh the owner simple as a goats ass going up hill
  2. TLS

    TLS LawnSite Fanatic
    Posts: 7,940

    One word to remember here......EMPLOYEE

    Don't have them or OSHA concerns.
  3. ChadA

    ChadA LawnSite Senior Member
    Posts: 521

    Thats to bad the guy died. Its even worse they were only fine 1450. Thats sick.
  4. Mark McC

    Mark McC LawnSite Bronze Member
    Posts: 1,565

    The guy fell from the tailgate and the resulting trauma to the head killed him? My guess is that the truck was moving pretty fast. You don't have to have a degree in aeronautical engineering from MIT to know that's a bad ideal.

    Rather than provide seat belts in the bed of the truck (is that what OSHA wants?), why not just forbid employees from riding in the bed of the truck in the first place?

    Chad, while it's tragic that the employee died, what benefit would be derived by fining the company more than $1,450? Did you have a figure in mind?
  5. DLCS

    DLCS LawnSite Platinum Member
    Posts: 4,378

    If that truck was on the road or public property. The driver should be fined for allowing someone to ride in the bed. In Illinois you are not suppose to cary passengers in the bed of a truck. We had a accident here years ago where a guy was was killed when the truck he was riding in rolled over. He was riding in the bed and when the truck rolled he was crushed. They tried to charge the driver with involuntary manslauter for allowing a passenger in the bed.
  6. heavenlydeere

    heavenlydeere LawnSite Member
    Posts: 109

    i used to be an emt and worked as a firefighter for several years, and believe me you dont even have to be moving to die from a fall from a truck! seen it about4 or five times , usually a person hits the back of their head and either breaks their neck or gives them a basilar skull fracture, ( the floor of your skull,very fatal if broken) very not cool!!! i dont see a problem with the fine !
  7. AL Inc

    AL Inc LawnSite Bronze Member
    Posts: 1,218

    I highly doubt that that is the end of the story...the $1450 is just the beginning. I'm sure that the victim's family already has a team of lawyers after the company.
  8. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    apperently they didnt remove the gaurds from the weedeaters, or they would have been shut down!!!
  9. extoro

    extoro LawnSite Member
    Posts: 96

    Yeah, and if that truck was a Chevy that fell under ther recall on the tail gate cables (could break allow the tail gate to drop) and they didn't take care of it - it could UGLY fast.

    As far as OSHA is concerned, they are the reason why so many manufactures are including ROPS as standard equipment. OSHA has required ROPS for years on any piece of equipment 20 horse or larger used in a commercial application
  10. Mark McC

    Mark McC LawnSite Bronze Member
    Posts: 1,565

    I had no idea. I'll keep that in mind if this subject ever comes up again.

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