OSHA Inspection: FIDEL NIETO

Issued

Nov 26, 2012

Abate by

Jan 14, 2013

Penalty

Initial $400 · Current $400

General-duty citation text

29 CFR 1903.19(c)(1):  The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:    Fidel Nieto dba Nieto Construction failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:    Citation Number 		Item Number			Abatement Date  01			01				8/03/2012  01			07a				8/30/2012  01			07b				8/30/2012  01			08				8/03/2012    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 2, 2012

Abate by

Aug 3, 2012

Penalty

Initial $1,600 · Current $1,600

General-duty citation text

29 CFR 1926.100(a):  Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns:    a)  Employees were not wearing protective helmets where there was a possible danger of head injury from falling objects.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 2, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.451(e)(1): When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used.  Crossbraces were used as a means of access.    a)  Employees were not provided with safe access to a two-point adjustable suspension scaffold platform being used at an elevation of approximately 18 feet above the ground.     No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.451(d)(2):  Suspension scaffold outrigger beams were not made of structural metal or equivalent strength material:     a)  Employees were working from a two-point adjustable suspension scaffold platform supported by outrigger beams, made out of material not specifically designed for this purpose.     No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(d)(3)(vi):  Outrigger beams which are not stabilized by bolts or other direct connections to the floor or roof deck were not secured by tiebacks:     a)  Employees were working from a two-point adjustable suspension scaffold platform supported by outrigger beams which were not secured by tiebacks.     No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed:    a)  Employees were working a from two-point adjustable suspension scaffold platform and used extension ladders as the outrigger beams to support the scaffold system.      No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.451(d)(3)(iii):  Items that were not specifically designed as counterweights were used to counterweight scaffold systems:     a)  Construction materials not designed to be used as counterweights were used to counterweight two-point adjustable suspension scaffold system.     No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(d)(3)(iv):  Counterweights were not secured by mechanical means to the outrigger beams to prevent accidental displacement:     a)  Employees were working from a two-point adjustable suspension scaffold system with counterweights not secured to the outrigger beams.    No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.451(d)(16): The suspension scaffold power-operated hoist or manually operated hoist did not have, in addition to the normal operating brake, a braking device or locking pawl which engages automatically when a hoist makes either of the following uncontrolled movements: an instantaneous change in momentum or an accelerated overspeed.     a)  Employees were working from a two-point adjustable suspension scaffold platform which did not have a breaking device or locking pawl.     No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(d)(17):  Manually operated hoists did not have a positive crank force to descend:     a)  Employees were working from a two-point adjustable suspension scaffold platform where the manually operated hoist did not have a positive crank force to descend.    No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Penalty

Initial $2,800 · Current $2,800

General-duty citation text

29 CFR 1926.451(g)(1)(ii): Each employee on a single-point or two-point adjustable suspension scaffold was not protected by both a personal fall arrest system and a guardrail system:     a)  Employees engaged in masonry work were not protected from hazards of falling while working from a two-point adjustable suspension scaffold platform elevated approximately 18 feet above the ground.        No abatement certification or documentation is required for this item.

Issued

Aug 2, 2012

Abate by

Aug 30, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards:     a)  Employer did not provide training to each employee in order to recognize hazards associated with working from two-point adjustable suspension scaffolding and to understand procedures to control or minimize those hazards.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 2, 2012

Abate by

Aug 30, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(f)(7):  Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration: Such activities were not performed only by experienced and trained employees selected for such work by the competent person:     a)  Two-point adjustable suspension scaffolding was erected and altered without the supervision and direction of a competent person qualified in scaffold erection.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 2, 2012

Abate by

Aug 3, 2012

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.501(b)(4)(i):  Each employee on walking/working surfaces was not protected from falling through holes (including skylights) more than 6 feet (1.8 m) above lower levels by personal fall arrest systems, covers or guardrail systems erected around such holes:    a)  Employees were not protected from the hazard of falling approximately 18 feet to the lower level while performing masonry work around unguarded skylight.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).