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Section: 56.11001
Date: 01/27/2010
District: NC
Negligence: Low
Injury or Illness: Reasonably Likely
Injury or illness could be expected to be: Permanantly Disabling
Significant and Substantial: Yes

Condition or Practice: Hand rails were not provided for persons adding oil to the diesel engine on the CAT 325D excavator(rental company name omitted)rental #R79. The miners would stand on the elevated platform and open the hood to add oil without handrails provided to prevent persons from falling. The platform is approximatly 24 inches wide and was approximatly 7 feet above the ground level. Oil is added as needed in all weather condition exposing this miner to the hazard of falling to the ground below.

Action to Terminate: Blank

Why this concerns you:

Abatement Suggestions From Industry

A couple of interesting notes:

1) It is a rented machine. We had all our other mobile equipment "platforms" hand railed. We did not feel we could do this to a rented piece of equipment.
2) The inspector cited this under 56.11001, the safe access standard and not the working platforms and handrail section.
3) We were told previously that fall protection would suffice if handrails were not practicable. MSHA's interpretation has changed.
4) This machine allows oil to be checked electronically from the operator's cab, so the inspector cited us for the potential to fill oil. The inspector used the word "would" access this area to fill oil. The rental period was new and to my knowledge we never added oil.
5) The guardrails were installed after we asked the Rental Company's permission. I have directed that the handrails be removed prior to its return.
Finally, our trade association heard through rumor, and noticed its members, that MSHA would no longer accept fall protection in leu of guard rails in this type of application. Unfortunatly the notice came just one day prior to the citation being issued.
I have read or been told that this machinery meets the applicable national and international technical engineering requirements. The manufacturer design and manufacture of this equipment is consistent with ISO2867.2006 (Earthmoving Machinery, Access Systems Standard) and SAE J185:2003 ( Access Systems for Off-Road Machines Surface Vehicle Recommended Practice....)
- posted on 01/29/2010

View this citation and then view your workplace. In order to survive we are going to have to rethink all of our work practice.
Picture a perfect world where a worker can not possibly get injured. Then go one step further. The time and expense of building our workplace to be compliant goes far beyond building it to be safe.
- posted on 02/25/2010

We installed a tie off point consisting of an upside down U shaped pipe with 2 rings to snap into which stradles the boom.
MSHA was at our mine site for a CAV and I asked him to look at our modification. He said it looks good and he doesn't have a problem with it. But the interesting part is that he claimed that he has not heard that this has been a safety hazzard topic. This is in the south central district.
- posted on 04/20/2010

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