OSHA Inspection: LOTUS LAWNCARE SERVICES LLC.

Issued

2025-12-03 00:00:00

Abate by

2025-12-30 00:00:00

Penalty

Initial $11585.00 · Current $11585.00

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.  OSH ACT of 1970 Section (5)(a)(1):The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.  On or about June 21, 2025, in the public property in the vicinity of Prospect Avenue and Martin Luther King Jr. Boulevard in Kansas City, Missouri near Brush Creek, employees performing mowing operations on public grounds were exposed to the recognized hazards of crushing and drowning created by mowing on steep slopes near an embankment. An employee operated an eXmark Lazer Z 96" zero-turn lawn mower on a slope that measured approximately 20-30 degrees within approximately 10 feet of an embankment beside open water. The employee lost control of the mower which rolled into the water, where the employee was pinned underneath the mower.   AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE METHODS TO CORRECT THIS HAZARD ARE TO:   (1) Ensure all operators are properly trained to operate mowing equipment in accordance with manufacturer recommendations, specifically with regard to safe operating procedures found in the eXmark Lazer Z 96" operator manual on page 5, that includes but is not limited to the following:  ? Always keep the roll bar in fully raised and locked position and use the seat belt;  ? Do not operate the machine near drop-offs, ditches, embankments, water, or other hazards or on slopes greater than 15 degrees. All operators and mechanics should be trained according to manufacturer's recommendations. If the operator(s) or mechanic(s) cannot read this manual, it is the owner's responsibility to explain this material to them; other languages may be available on our website.  (2) Conduct a hazard site assessment to delineate and communicate at-risk areas that are on or near water with slopes that are greater than 15 degrees and develop alternate safe working practices to mitigate possible known risks of rollovers. (3) Equip motorized equipment with manufacturer-approved slope measuring tools, such as a manual or digital slope gauge.  (4) Establish an enforceable work rule for operators to alert supervisors when inclines exceed manufacturer safe operating recommendations and implement alternative procedures to complete the mowing task such as the use of string trimmers.  (5) Establish, implement, and document enforceable work rules that prohibit employees from operating equipment contrary to manufacturer recommendations. and implement unannounced safety audits to ensure all operators are following established safety procedures. (6) Establish, implement, and document a progressive disciplinary policy to ensure that employees follow company policies. Develop methods to monitor and to ensure that the established safety rules are enforced.

Issued

2025-12-03 00:00:00

Abate by

2025-12-30 00:00:00

Penalty

Initial $4965.00 · Current $4965.00

Hazardous substances 1340

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  In the area of Brush Creek riverbank on the vicinity of Prospect Avenue and Martin Luther King Jr. Blvd. north of the Emmanuel Family & Child Development Center, which is located at 4736 Prospect Avenue in Kansas City MO 64130, on June 21, 2025, and at times prior: Employees were exposed to inhalation, skin and eye irritation, from daily exposure to pesticides, fuels, oils, and hydraulic fluid. The employer did not develop and implement a written hazard communication program for the workplace to address the hazards associated when working with such chemicals.

Issued

2025-12-03 00:00:00

Abate by

2025-12-30 00:00:00

Penalty

Initial $1655.00 · Current $1655.00

General-duty citation text

29 CFR  1904.4(a):The employer did not record each work-related fatality, injury or illness case that resulted in the general recording criteria on the OSHA Form 300 or equivalent.    In the area of Brush Creek riverbank on the vicinity of Prospect Avenue and Martin Luther King Jr. Blvd. north of the Emmanuel Family & Child Development Center, which is located at 4736 Prospect Avenue in Kansas City MO 64130, on June 21, 2025, and at times prior: The employer did not record workplace injuries and illnesses on the OSHA Form 300 or equivalent for the calendar year. On June 21, 2025, an employee suffered a workplace injury resulting in a fatality.