Bradenton landscaper faces OSHA fine after employee drowned in pond under a lawnmower
The United States Department of Labor found a Bradenton landscaper liable for the July death of an employee on the job.
A 36-year-old mower operator, whose identity was not revealed, drowned after the lawnmower rolled over in a pond, pinning the worker underwater, according to a news release. It’s the second time one of the company’s employees has died that way, the department said.
The Department of Labor’s Occupational Safety and Health Administration concluded an investigation into Bradenton’s TruScapes Industries Inc. this week, the news release said.
OSHA determined TruScapes “could have avoided the incident by following required safety measures outlined in the equipment operator’s manual.”
OSHA investigators said the employee “was riding a zero-turn lawnmower,” on a steep slope in a Palmetto neighborhood when it rolled over into a water retention pond, the release said. The machine’s rollover protection system wasn’t engaged when operating on the embankment that sloped 12.5 to 18.7 degrees near the pond, the release said.
OSHA proposed $166,305 in penalties under two fines. One was a willful serious violation for not having the rollover protection system in use and operating the equipment on a steep slope, and the second citation was labeled a serious violation for not providing potable drinking water, the release said.
Another fatal landscaping accident
It’s the second time in eight years the agency has cited TruScapes for a fatal incident, the release said. OSHA levied five serious citations totaling $18,200 in penalties in that investigation, the release said. That incident was similar as OHSA investigators found Antonio Vasquez drowned when the lawnmower he was riding around a retention pond tipped over and trapped him under the mower, according to OSHA fatality records.
“Once again, TruScapes Industries’ failure to implement required safety measures has cost the life of a worker,” said OSHA Tampa Area Office Director Danelle Jindra in a news release. “Employers are responsible for ensuring the correct equipment is used for each change in the work environment and that workers are protected from hazards associated with assigned job tasks.”
TruScapes has 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission, according to the release.
A TruScapes representative did not immediately respond to the Bradenton Herald’s request for comment Thursday morning.
