21.05.2008

settlement reached in crushing accident

The details of the settlement reached over the fatal crushing accident earlier this year have now been released.

Fagen Engineering has negotiated the total fine down from $15,000 to $12,000 and must correct three violations which have been slightly adjusted from the original April 24 citation issued after a two-month investigation.

The first violation, amended from ‘serious’ to ‘other’, alleges that the JLG boom lift was used without testing the lower controls, as required in JLG’s Operators Manual. The settlement decreased the penalty from $5,000 to $3,500.

The Iowa Occupational Safety and Health Administration also adjusted the second violation, from ‘serious’ to ‘other’ and the fine from $5,000 to $3,500. Violation language was also modified, although it still claims that the lift was used without the key thus hampering efforts to override platform controls from the ground in an emergency situation.

The third violation remained unchanged at $5,000 for failing to provide adequate operator training; improperly placing lifts near overhead obstacles; and incorrectly operating the lift. A clause referring to emergency control requirements, found in the original citation, was removed.
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