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Section: 56.9300a
Date: 05/14/2015
District: NC
Negligence: Moderate
Injury or Illness: Reasonbly Likely
Injury or illness could be expected to be: Lost Workdays or Restricted Only
Significant and Substantial: Yes

Condition or Practice: There were no berms along the wash plant settling pond, waste material load out ramp, or the clean out hole next to the scale. The area along the settling pond and waste load out ramp are rarely traveled and only by an excavator when traveled. However the area near the clean out hole by the scales is traveled daily by employees traveling to and from the fueling area, also there were tire tracks observed within 24 inches of the edge of the hole. Employees using these areas were exposed to the possibility of injury should the equipment over travel the road, and roll into the settling pond or clean out hole.

Action to Terminate: There was a berm placed prohibiting the access to the settling
pond and large stones placed around the clean out hole. The operator stated
that they would order signs to warn about the lack of

Why this concerns you: Citation 8841966 addresses 3 different locations where berms were either not present or not sufficient according to the citation. In the description the inspector notes that 2 of the locations are rarely traveled and only by an excavator when they are. The 3rd location is described as the "clean out hole" adjacent to our truck scales. Employees travel near this location daily to access the fueling station. I wish to have the opportunity to explain why I don't feel that it is reasonably likely that this would cause injury or illness and therefore not "Significant and Substantial."



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