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OSHA News Release
2003 - 03/26/2003 - OSHA's New Hampshire Office Calls Attention to Crushing Hazards from Improperly Secured Dumpsters following Worker's Death

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Region 1 BOS 2003-052
March 26, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074


OSHA's New Hampshire Office Calls Attention to Crushing Hazards from
Improperly Secured Dumpsters following Worker's Death

CONCORD, N.H. -- The U.S. Occupational Safety and Health Administration's New Hampshire area office is urging employers in the Granite State's solid waste industry to review their work practices and hoisting equipment to eliminate deadly crushing hazards posed to their workers by dumpsters that are improperly secured while being lifted and emptied into trash trucks.

OSHA's appeal stems from a fatality that occurred Jan. 3 at the Mountain Valley Mall. An employee of North Conway Incinerator Service, Inc., of North Conway, died when a dumpster dislodged while being lifted, swung around and crushed him against the side of his truck. OSHA's inspection determined that the dumpster's trunnion bar had not been locked prior to its being lifted. This would have stabilized the dumpster and kept it from 'kicking out'.

The inspection identified additional crushing hazards including damaged wire hoisting ropes used to lift dumpsters, lifting hooks lacking safety latches, and wire rope clips not installed according to manufacturer specifications. Employees could be crushed beneath a falling dumpster in the event any of these elements failed during operation.

An inspection of Belmont-based BBI Waste Industries (d/b/a Bestway Disposal), begun Jan. 29 when an OSHA inspector observed one of its trucks lifting an unsecured dumpster in Northfield, identified the same hazards. As a result, OSHA has cited each employer for an alleged willful violation of the Occupational Safety and Health Act for failing to supply employment or a place of employment free from recognized crushing hazards.

"We don't want to see this type of hazard become a pattern," said David May, OSHA's New Hampshire area director. "A dumpster can weigh more than a ton, becoming lethal if it dislodges or its hoisting ropes fail. The best thing employers can do for their workers and themselves is to check to ensure that their hoisting equipment is in good condition and that dumpsters are properly and completely secured before being lifted."

North Conway Incinerator Service faces a proposed fine of $21,000 for the willful citation while a fine of $35,000 is proposed for BBI Waste Industries. $7,200 in additional fines are proposed for North Conway Incinerator for ten alleged serious violations for unrelated safety hazards. A detailed breakdown of the citations and fines is attached.

Each employer has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, and/or to contest them before the independent Occupational Safety and Health Review Commission. OSHA's Concord Area Office conducted the inspection. Its telephone number is (603) 225-1629.

The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.

Fact Sheet

North Conway Incinerator Service, Inc. North Conway, NH
Total proposed penalty: $28,200
  • One alleged willful violation with a proposed penalty of $21,000, for failing to supply employment or a place of employment free from recognized hazards likely to cause death or serious injury in that employees were exposed to crushing hazards from: employees not locking the dumpster's trunnion bar prior to tipping the dumpster up into the trash truck; truck not equipped with locking device for trunnion bar; broken wire hoisting ropes; wire rope clips not installed according to manufacturer's specifications; improperly installed eye for wire rope clips; spring-loaded safety latches not in place on hook used to lift dumpsters.

  • Ten alleged serious violations, with $7,200 in proposed penalties, for: defective ladders not removed from service; no workplace assessment for hazards requiring personal protective equipment and lack of required eye protection for packer truck operators; no workplace evaluation for permit required confined spaces and employees not informed that packer truck body was a permit required confined space; specific lockout/tagout procedures not developed or implemented, lockout hardware and lockout training not provided for employees performing maintenance on equipment; powered overhead garage door not equipped with an automatic retractor; inadequately guarded point of operation on a cardboard compactor; exposed live electrical parts; and ungrounded and uninspected extension cord.

BBI Waste Industries (d/b/a Bestway Disposal) Belmont, N.H.
Total proposed penalty: $35,000
  • One alleged willful violation with a proposed penalty of $35,000, for failing to supply employment or a place of employment free from recognized hazards likely to cause death or serious injury in that employees were exposed to crushing hazards from: trucks not equipped with two devices to lock trunnion bar of dumpsters prior to lifting; damaged wire rope used to hoist dumpsters; wire rope clip and wire rope eye not installed according to manufacturer specifications; spring-loaded safety latches not in place on hook used to lift dumpsters.


OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

A serious violation is one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.


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