OSHA Inspection: JOSE PEREZ CONSTRUCTION

Issued

2012-12-21 00:00:00

Abate by

2013-01-08 00:00:00

Penalty

Initial $2800.00 · Current $1400.00 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.       a.  Employees conducting framing work on the roof of a residential house were not properly utilizing the rope grab system. By failing to utilize the system correct employees were exposed to a fall hazard of greater than twenty feet.     b.  An employee was observed working from a platform erected on top of a guard rail, thereby exposing the employee to a fourteen foot fall hazard.

Issued

2012-12-21 00:00:00

Abate by

2013-01-25 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

General-duty citation text

29 CFR 1926.503(c)(3):  Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.  Note: The following appendices to subpart M of this part serve as non-mandatory guidelines to assist employers in complying with the appropriate requirements of subpart M of this part.  [59 FR 40738, Aug. 9, 1994; 60 FR 5131, Jan. 26, 1995]    a. Employees trained on fall protection with a written fall protection plan, both in English and Spanish demonstrated a lack of understanding in the use and application of a rope grab system. This resulted in employees being exposed to a fall hazard of greater than fifteen feet.