THE KROGER COMPANY

Employee incurs contusion on head and fractures ribs while

At approximately 8:30 p.m. on November 5, 2021, an employee was operating a Crown model 5545 reach truck (Serial Number 1A410572). The employee was tasked by his supervisor to lift scrap metal from a dumpster using a steel chain fastened to the lifting forks. The chain was hanging down from the lifting forks and could swing freely. The dumpster was located outside, near a railroad track with a paved surface area with an approximate 8 degree incline. The height of the dumpster was approximately 5 feet. The approximate weight of the scrap metal was determined by the employer to be approximately 1,700 lbs. When the reach truck was turned sideways on the 8 degree inclined paved surface, this would have resulted in the scrap metal being swung out approximately 16 degrees from centerline of the reach truck (physics law of pendulum motion). This movement surged approximately 1,700 lbs. in weight from the center line of the reach truck at approximately 6 feet in height. The employee suffered a contusion on the head and five broken ribs on his left side after hitting the concrete/asphalt pavement. The employee was hospitalized to treat these injuries.