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 did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to: a) the hazards of being attacked by a buffalo in that the design of the buffalo pen did not include a location or method where the buffalo could be isolated from employees who may have to enter the pen for cleaning or other purposes. On a weekly basis, employees had to enter the pen within six months prior to a fatal accident occurring on or about 4/28/03, when a buffalo gored a volunteer worker in the pen, causing fatal injuries. Among other methods of abatement, useful and feasible, one method to protect employees would be to provide a stall or barrier, or other means to prevent employees from being struck by, or gored by the buffalo while working inside the pen.