OSHA Inspection: NU WAY CONSTRUCTION INC.

Issued

Aug 2, 2011

Penalty

Initial $2,550 · Current $1,785 Reduced

General-duty citation text

29 CFR 1926.451(g)(1):     Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1)(i) through (vii) of this section establish the types of fall protection to be provided to the employees on each type of scaffold. Paragraph (g)(2) of this section addresses fall protection for scaffold erectors and dismantlers.Note to paragraph (g)(1): The fall protection requirements for employees installing suspension scaffold support systems on floors, roofs,and other elevated surfaces are set forth in subpart M of this part.    On or about 6/13/11 during construction activities including but not limited to working from an elevated platform, the employer did not ensure employees were protected from fall hazards approximately 20 feet. Employees were observed climbing over the guardrails on the elevated platform with no fall protection system.

Issued

Aug 2, 2011

Penalty

Initial $2,550 · Current $1,785 Reduced

General-duty citation text

29 CFR 1926.501(b)(13):     "Residential construction." Each employee engaged in residential construction activities 6 feet(1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provisionin paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it isinfeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets therequirements of paragraph (k) of 1926.502.Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fallprotection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complieswith 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems:    On or about 6/13/2011, during construction activities including but not limited to roofing activities the employer did not ensure employees were protected from fall hazards by ensuring a fall protection system system/device was being used.