Citation Details

Back to citations

Section: 56.14131c
Date: 08/30/2010
District: NC
Negligence: Moderate
Injury or Illness: Reasonably Likely
Injury or illness could be expected to be: Fatal
Significant and Substantial: Yes

Condition or Practice: The operator's seat in the Euclid R85 haul truck, was not properly tetered. The seat had been replaced with an air ride seat and the tethers that were on the old seat were not installed on the new seat. The tethers maintain the seats position inside the operators cab in the event of a roll over or collision type accident. Should the haul truck roll over or be involved in a collision type accident a miner could receive fatal bone crushing injuries.
The terrain where the haul truck is used does have steep grades, and the truck is exposed to customer trucks and other large mobile equipment.
The mine operator stated that he was not aware that the new seats needed tether straps.

Action to Terminate: The haul truck was provided with a new tether.

Why this concerns you: 56.14131c references SAE J386 which is a "permissive" not "mandatory" guideline. The seat manufacturer sells the seat with no tether but recommends one. This seat was attached to the frame of the equipment not the floor board and would surpass the tether test described in J386 because it is attached to the frame of the machine, and in case of roll over the seat is not leaving it's position. Tethers are not part of 56.14131c except by reference and it is a guideline. There is a 1996 court case that supports this position and in this fatality investigation the citation for tethers was vacated by the Judge.

Abatement Suggestions From Industry

There are no abatements posted for this citation. Add your suggestion below.

Post a Comment

We have provided a place where you can post your professional comment or add additional information regarding this citation. Before doing so, please read the following guidelines:

Be nice!
If you are angry, step back and take a breath.

Post like you are talking to someone face-to-face. Better yet, post it like your mother is going to read it.

Don't discuss anything that might be construed as restraining trade. Nothing about boycotts and we certainly don't want to read about the price of rock.

Be honest!
Keep it factual. There is absolutely no need to exaggerate; some citations are hard enough to believe as is. Mine safety is important and those who visit the site must be able to rely on posts being accurate.

We review all posts
Sorry, but all posts come to us first. We want this site to be effective, and we want you to use it. The site can only be effective if it is legal and professional. If we get something that isn't both, we won't post it. None of us want that to happen.

No Guarantees
Anyone who has been a mine safety professional for long knows what one inspector approves, another may consider a violation. As much as we would like to, we cannot guarantee any solution offered here will work for your situation. We certainly hope what others have done provides helpful ideas, but we aren't willing to bet the farm on it passing an inspection and you shouldn't either.

Your name and email will not be shown when you post your comment. We ask for these fields because it helps us identify association members and keeps spam off the website.

Your Name

Your Email

Member Of



Any comments or opinions shown on this website reflect the views and opinions of the individuals or organization who posted them and do not necessarily reflect the views of any of the parties sponsoring or supporting this website. The sponsors are not responsible for the content of any comment posted on this website.