was loaded beyond the rated capacity and/or safe working load as follows: Item 1. At about 1:20 PM the crane was put into service to lift a 44,775 pound reel of cable with: the load side outriggers fully retracted; the rear outriggers fully extended; 7,000 lbs of crane counter weight; a boom length of 54-feet 9.5 inches; a boom angle of 73.29 degrees; and a load radius of 15-feet 9-inches. In this configuration the maximum rated load for the crane identified on page 75 of the manufacture's load charts is 14,000 lbs. Based on the manufactures load rating, the crane was overloaded by 30,775 lbs. The crane tipped toward the load and the rear outriggers raised off the ground about 3-feet. 2. Item 2 At about 1:21 PM The crane was put back into service in the presence of management with the same configuration identified above in item number 1, beyond the safe working load of the crane that was apparent when the crane tipped on the first pick attempt. When the operator lifted the load the second time, the crane tipped again and fell over toward the load side, crushing the crane cab against the lowboy trailer and fatally injuring the operator.
Employee #1 was working as an oilier. On the day of the accident, a coworker was operating a Grove Hydraulic truck crane. After setting the crane and the outriggers half way on the 4-ft by 4-ft pads, they pulled the truck with the counter weights adjacent to the crane and proceeded to unload. The coworker made two picks from the truck and unloaded weights onto the crane deck. According to the coworker, Employee #1 took the synthetic fiber sling "choker" off the hook and set it on the front outrigger beam. He then signaled to Employee #1 with his hand that he was going to swing the crane left due to the obstruction created by a tree. During this operation, the coworker heard a noise, stepped out of the cab, and found Employee #1 caught and crushed between the rotating tail-swing superstructure and the counterweights of the crane.
May 31, 2005, Employee #1 was dismounting from a truck crane, when he slipped and fell, catching his left foot between the outrigger and the curb. Employee #1 sustained a compound fracture of his left ankle.
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