SCOTT DUFFY DBA LANDSCAPE SOLUTIONS

Employee Collapses from Heat Exhaustion, Later Dies

On July 18, 2011, a hot summer day, Employee #1 and a coworker were trimming hed ges and collecting the cuttings from the hedges. The two employees drank liquids when they arrived at the job site. They drank liquids several times that mornin g, and Employee #1 took a break in the shade. The two employees and the owner th en went to lunch and ate inside the air-conditioned restaurant. They then went b ack to the job site and continued to trim hedges, using electric trimmers and an edger. Later that afternoon, Employee #1 collapsed and was taken to the hospita l. Employee #1 died at the hospital. The employer did not report the fatality wi thin eight hours to OSHA. Minnesota Occupational Safety and Health Division prop osed one serious and one nonserious citation. One proposed citation was for not having established a written Workplace Accident and Injury Reduction (AWAIR) Pro gram that promoted safe and healthful working conditions and was based on clearl y stated goals and objectives for meeting those goals. The second proposed citat ion was for not having orally reported an employment accident that resulted in a fatality or the inpatient hospitalization of three or more employees, within ei ght hours after the occurrence, to the nearest Area Office of the Minnesota or F ederal Occupational Safety and Health Administration or to the OSHA toll-free ce ntral telephone number (1-800-321-OSHA).