Thursday, September 20, 2018

NEGLIGENT EMPLOYER: Cal/OSHA has issued citations to GreenWaste Recovery Inc. after a waste collection worker was fatally run over by his own truck in San Jose








News Release No.: 2018-77                                             Date: September 20, 2018

Cal/OSHA Issues Citations for Fatal Waste Collection Truck Accident
Fremont—Cal/OSHA has issued citations to GreenWaste Recovery Inc. after a waste collection worker was fatally run over by his own truck in San Jose. An investigation found that the employer failed to ensure the truck’s safety restraint was in working order and did not ensure it was being used by workers driving from the right-hand side of the truck.  
On March 2, a GreenWaste Recovery worker was driving a waste collection truck to gather recyclables in San Jose. The worker was making a turn while operating the truck from the right-hand side when he fell out and was run over. Cal/OSHA’s inspection determined that the waste collection truck had a safety chain for the truck cab opening that could not be used because a part was missing.
“Collection vehicles with the option to operate the truck from the right-hand side must be equipped with an occupant restraint system such as a door, locking or latching bar, safety chain or strap,” said Cal/OSHA Chief Juliann Sum. “To prevent serious and fatal injuries, employers must maintain occupant restraints in working order and ensure the restraints are used by workers.”
Cal/OSHA issued two general and two serious accident-related citations totaling $46,270 in proposed penalties to GreenWaste Recovery. The serious accident-related citations were issued for the employer’s failure to ensure that occupant restraints were being used by workers driving from the right-hand side of the truck and failure to identify and evaluate the unsafe work practice of workers not using occupant restraints. In addition, the employer received two general citations for not maintaining vehicle safety equipment.
Cal/OSHA conducted inspections of GreenWaste Recovery involving three separate worker injuries in 2016 and 2017. Over the last three years, Cal/OSHA has opened at least 186 inspections with solid waste collection and material recovery employers. Those inspections include a fatal incident last year in La Jolla when a waste collection worker was crushed by his unsecured truck that rolled forward and pinned him against a wall.
A citation is classified as serious when there is a realistic possibility that death or serious harm could result from the actual hazard created by the violation. Citations are classified as accident-related when the injury, illness or fatality is caused by the violation.
Cal/OSHA offers a guide to developing an Injury and Illness Prevention Program and model programs for employers in both high hazard and non-high hazard industries. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.
The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.
Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). Complaints can also be filed confidentially with Cal/OSHA district offices
Members of the press may contact Peter Melton or Frank Polizzi at (510) 286-1161, and are encouraged to subscribe to get email alerts on DIR’s press releases or other departmental updates.