Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish to each of his employees employment and a place of employment which are free from recognized fall and struck-by hazards associated with employees riding unrestrained in the cargo area (truck bed) of a motorized vehicle that are causing or likely to cause death or serious physical harm to his employees. This violation most recently occurred on December 20, 2011, at a workplace located at US Highway 259 South near County Road 4258, De Kalb, Texas; where an employee, who was helping post temporary traffic control zone signs, was riding unrestrained in the bed of a moving Ford F-150 pickup truck. Among other methods, one feasible and acceptable means to correct these hazards is to ensure that each occupant of the motor vehicle is in a seat and properly restrained in accordance with the manufacturer's manual which states, "It is extremely dangerous to ride in a cargo area, inside or outside of a vehicle. Do not allow people to ride in any area of your vehicle that is not equipped with a seat and safely belt. Be sure everyone in your vehicle is in a seat and using a safety belt properly." Pursuant to 29 CFR 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation describing the actions it is taking to establish, communicate, and implement written procedures to ensure that employees are in a seat and properly restrained.