OSHA Inspection: MESSING CONSTRUCTION COMPANY, INC.

Issued

Apr 26, 2012

Penalty

Initial $23,100 · Current $4,000 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 provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements 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 fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.    Messing Construction Company, Inc. had employees exposed to 20 ft. fall hazards without fall protection, on a residential construction site in Downs, Illinois.      MESSING CONSTRUCTION COMPANY, INC. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD: 29 CFR 1926.501(B)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 312894108, CITATION NUMBER 2, ITEM NUMBER 1 AND WAS AFFIRMED AS A FINAL ORDER ON 09/14/2010 WITH RESPECT TO A WORKPLACE LOCATED AT 9508 MAIN STREET, EDWARDS, IL, 61528.

Issued

Apr 26, 2012

Penalty

Initial $6,600 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1):     When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder.  In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.    Messing Construction Company, Inc. had employees exposed to 20 ft. fall hazards while accessing and exiting via an extension ladder that only extended 6 inches above the upper landing surface of the roof, on a residential construction site in Downs, Illinois.      MESSING CONSTRUCTION COMPANY, INC. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD: 29 CFR 1926.1053(B)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 312894108, CITATION NUMBER 1, ITEM NUMBER 2 AND WAS AFFIRMED AS A FINAL ORDER ON 09/14/2010 WITH RESPECT TO A WORKPLACE LOCATED AT 9508 MAIN STREET, EDWARDS, IL, 61528.

Issued

Apr 26, 2012

Abate by

May 3, 2012

Penalty

Initial $660 · Current $0 Reduced

General-duty citation text

29 CFR 1926.503(b)(1):     The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.    Messing Construction Company, Inc. had employees exposed to 20 ft. fall hazards without fall protection, on a residential construction site in Downs, Illinois.  The employer did not certify employees fall protection training through a written certification record.  This record would include the following:    a.	Name or other identity of the employee trained,  b.	Date(s) of the training, and  c.	Signature of the person who conducted the training or the signature of the employer.