OSHA Inspection: SALVADOR GUZMAN

Issued

Aug 29, 2013

Abate by

Sep 19, 2013

Penalty

Initial $1,360 · Current $952 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. On the roof of the house where employees were installing a new roof, fall protection was not used, thereby exposing employees to a 8 foot, 2 inch fall hazard.

Issued

Aug 29, 2013

Abate by

Sep 19, 2013

Penalty

Initial $1,360 · Current $952 Reduced

General-duty citation text

29 CFR 1926.503(c)(3): "Retraining." When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (a) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where 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. On the roof of the worksite where employees were replacing a roof, the employees did not know what personal protective equipment to use and had not been retrained, thereby being exposed to a eight foot, two inch fall hazard.