OSHA Inspection: RAMIRO MORENO CONSTRUCTION

Issued

Apr 7, 2008

Abate by

Apr 10, 2008

Penalty

Initial $1,500 · Current $1,500

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The
employer
did not furnish employment and a place of employment which was free from
recognized hazards that were causing or likely to cause death or serious
physical
harm to employees in that employees were exposed to the hazards of being
struck
by collapsing building components due to inadequate wall bracing. At the
worksite
located at 5511 Paper Rose Lane in Katy, Texas and on February 18, 2008,
employees erected an interior wall with a "header" joist made of two - 2
inch by
12 inch thick pieces of lumber joined together to act as a beam and
support the
second floor's wall. The header (beam) spanned an opening of approximately
12
feet, 4 inches and a total wall length of 16 feet - 5 inches. Two diagonal
braces
were nailed to the opposite ends of the wall with the braces leading down
to the
concrete floor surface and facing in opposite directions. The bottom of
the braces
were leaning against the concrete floor, not secured or fastened, and were
acting
as a "kickstand" as a bicycle kickstand would operate. High winds caused
the wall
to twist and fall towards the employees, fatally injuring one of them
after being
struck by the 350 pound wall.
ABATEMENT NOTE: Among other procedures, one feasible and acceptable
abatement method to correct the hazard is to fasten the temporary wall
braces to
wood stakes in the ground or to floor sole plates that are anchored to the
concrete
floor.
DISCLAIMER:
You are not limited to the abatement methods described above.
The methods explained are general and may not be effective in
all cases.
The employer is responsible for selecting and carrying out an
appropriate abatement method.