OSHA cites The Davey Tree Expert Co. for again
ignoring vehicle
rollover hazard leading to fatal injury of tree trimmer. Company now
in OSHA’s Severe Violator Enforcement Program
Dec. 23, 2014
CLAYSBURG,
Pa. – A 21-year-old tree trimmer employed by The Davey Tree
Expert Co. was fatally injured after a utility task vehicle ran over him at a
Claysburg work site. First Energy
Service Co. contracted the Kent, Ohio-based company to trim trees and remove
other vegetation along power transmission lines.
A June 2014 investigation by the U.S. Department of
Labor’s Occupational Safety and Health Administration found that the company
had willfully put the employee and others at risk by using a UTV on a slope
exceeding the 15-degree limit permitted by the UTV manufacturer. At the time of the incident, the vehicle was
operating on a 20-degree hill, which allowed it to roll over and fatally injure
the employee. As a result, the company was cited for one willful violation
under the Occupational Safety and Health Act’s general duty clause and was
placed in OSHA’s Severe Violator Enforcement Program.*
A willful violation is one committed with intentional,
knowing or voluntary disregard for the law’s requirement, or with plain
indifference to employee safety and health.
“This tragedy could have been prevented by simply
complying with the manufacturer’s instructions. After a previous UTV rollover
incident in central Pennsylvania in July 2012, Davey Tree acknowledged the
UTV’s slope limitations and the hazardous conditions associated with operating
the vehicle on rugged terrain,” said Christopher Robinson, director of OSHA’s
Pittsburgh Area Office. “Even with this knowledge, Davey Tree continued to
expose workers to dangerous rollovers and permitted UTV use on steep slopes.”
Davey Tree provides residential and commercial tree and
landscape services throughout North America. The company employs approximately
7,000 employees. OSHA proposed a $70,000 penalty for this violation.
The company has 15 business days from receipt of its
citation and penalty to comply, request an informal conference with OSHA’s area
director, or contest the findings before the independent Occupational Safety
and Health Review Commission.
To ask questions, obtain compliance assistance, file a
complaint, or report workplace hospitalizations, fatalities or situations
posing imminent danger to workers, the public should call OSHA’s toll-free
hotline at 800-321-OSHA (6742) or the agency’s Pittsburgh Area Office at
412-395-4903.
Under the Occupational Safety and Health Act of 1970, employers are
responsible for providing safe and healthful workplaces for their employees.
OSHA’s role is to ensure these conditions for America’s working men and women
by setting and enforcing standards, and providing training, education and
assistance. For more information, visit http://www.osha.gov.