OSHA Inspection: ELIGIO MARTINEZ HERNANDEZ CONSTRUCTION, LLC

Issued

Oct 28, 2013

Abate by

Nov 30, 2013

Penalty

Initial $1,496 · Current $1,496

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them):  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them).  Employees of Eligio Martinez Hernandez Construction LLC were performing framing work on a new construction multistory home.  Employees were exposed to multiple fall hazards.  The employer did not maintain a safety program which included frequent and regular inspections of the jobsite.  This condition exposed employees to fall hazards of approximately seventeen feet, twelve feet, and eleven feet.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $1,496 · Current $1,496

General-duty citation text

29 CFR 1926.451(b)(3):  The front edge of all platforms was not 14 inches (36 cm) or less from the face of the work, and no guardrail systems were erected along the front edge and/or no personal fall arrest systems were used in accordance with paragraph (g) of this section to protect employees from falling:  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that the front edge of all platforms was not 14 inches (36 cm) or less from the face of the work, and no guardrail systems were erected along the front edge and/or no personal fall arrest systems were used in accordance with paragraph (g) of this section to protect employees from falling.  Two employees worked upon a pump jack scaffold.  The scaffold platform was approximately seventeen feet above ground level.  The left front edge and center of the scaffold platform was approximately eighteen inches from the exterior wall of the home, while the right front edge of the scaffold platform was approximately seven feet from the exterior wall of the home.  Neither guardrails along the front edge of the platform nor a personal fall arrest system were in place.  The employer did not ensure that fall protection was utilized.  This condition exposed employees to an approximate seventeen foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(c)(2)(i):  Footings were not level, sound, rigid, and capable of supporting the loaded scaffold without settling or displacement:  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that footings were level, sound, rigid, and capable of supporting the loaded scaffold without settling or displacement.  Two employees worked upon a pump jack scaffold.  The scaffold platform was approximately seventeen feet above ground level.  The legs of the pump jack scaffold were set onto bare ground (dirt).  The employer did not ensure that the pump jack scaffold had footings that were rigid and capable of supporting the loaded scaffold.  This condition exposed employees to an approximate seventeen foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(c)(2)(v): Employer did not ensure that fork-lifts were not used to support scaffold platforms unless the entire platform was attached to the fork:  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On or about 8/29/13, Eligio Martinez Hernandez Construction LLC did not ensure that fork-lifts were not used to support scaffold platforms unless the entire platform was attached to the fork.  Two employees worked upon a ten foot by four foot metal platform elevated by a Gradall 534D9-45 rough terrain forklift.  The employer did not ensure that the platform was secured to the forklift.  This condition exposed employees to an approximate twelve foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(c)(3): Supported scaffold poles, legs, posts, frames, and uprights were not plumb and braced to prevent swaying and displacement:    Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that supported scaffold poles, legs, posts, frames, and uprights were plumb and braced to prevent swaying and displacement.  Two employees worked upon a pump jack scaffold.  The scaffold platform was approximately seventeen feet above ground level.  The legs of the pump jack scaffold were set onto bare ground (dirt).  The pump jack scaffold legs were secured only at the top of the building.  The pump jack scaffold swayed.  The employer did not ensure that the pump jack scaffold was braced to prevent swaying.  This condition exposed employees to an approximate seventeen foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(f)(7): The scaffold was erected, moved, dismantled, or altered without the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling, or alteration:  (a) Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that the scaffold was erected, moved, dismantled, or altered with the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling, or alteration.  Two employees worked upon a pump jack scaffold.  The scaffold platform was approximately seventeen feet above ground level.  The employer did not ensure that the pump jack scaffold was erected under the supervision and direction of a competent person.  This condition exposed employees to an approximate seventeen foot fall hazard.  (b) Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/29/13, Eligio Martinez Hernandez Construction LLC did not ensure that he scaffold was erected, moved, dismantled, or altered with the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling, or alteration.  Two employees worked upon a ten foot by four foot metal platform elevated by a Gradall 534D9-45 rough terrain forklift.  The employer did not ensure that the platform was assembled under the supervision and direction of a competent person.  This condition exposed employees to an approximate twelve foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.451(g)(1): Each employee on a scaffold more than ten feet above a lower level was not protected from falling:  (a) Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that each employee on a scaffold more than ten feet above a lower level was protected from falling.  Two employees worked upon a pump jack scaffold.  The scaffold platform was approximately seventeen feet above ground level.  Fall protection was not utilized.  The employer did not ensure that the pump jack scaffold's guardrails were installed.  This condition exposed employees to an approximate seventeen foot fall hazard.  (b) Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/29/13, Eligio Martinez Hernandez Construction LLC did not ensure that each employee on a scaffold more than ten feet above a lower level was protected from falling.  Two employees worked upon a ten foot by four foot metal platform elevated by a Gradall 534D9-45 rough terrain forklift.  Fall protection was not utilized.  The employer did not ensure that the platform's guardrails were installed.  This condition exposed employees to an approximate twelve foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $1,496 · Current $1,496

General-duty citation text

29 CFR 1926.502(b)(3):  Guardrail systems were not capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied within 2 inches (5.1 cm) of the top edge, in any outward or downward direction, at any point along the top edge:  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that guardrail systems were capable of withstanding, without failure, a force of at least 200 pounds (890 N) applied within 2 inches (5.1 cm) of the top edge, in any outward or downward direction, at any point along the top edge.  Employees of Eligio Martinez Hernandez Construction LLC were performing framing work on a new construction multistory home.  The top rail of a guardrail on the second level of the home was spliced approximately two feet in from the left edge of the top rail.  The span of the guardrail was approximately twelve feet.  The splice was joined with two fasteners.  The employer did not ensure that the top rail of the guard rail was capable of withstanding a force of at least 200 pounds in any outward or downward direction.  This condition exposed employees to an approximate 12.4 foot fall hazard.

Issued

Oct 28, 2013

Abate by

Nov 15, 2013

Penalty

Initial $3,520 · Current $3,520

General-duty citation text

29 CFR 1926.1052(c)(1): Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, were not equipped with one handrail and one stairrail system along each unprotected side or edge:  Eligio Martinez Hernandez Construction LLC, at 932 Gapter Road, Boulder, CO: On 8/30/13, Eligio Martinez Hernandez Construction LLC did not ensure that stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, were equipped with one handrail and one stairrail system along each unprotected side or edge.  Employees of Eligio Martinez Hernandez Construction LLC were performing framing work on a new construction multistory home.  Employees accessed the second level of the home via a stairway.  The stairway consisted of two flights of stairs.  The first flight rose to a landing that was 5.5 feet above floor level.  The second flight rose from the landing to eleven feet above floor level.  The employer did not ensure that the unprotected side of the stairway was equipped with a stair rail system.  This condition exposed employees to an approximate eleven foot fall hazard.  Eligio Martinez Hernandez Construction LLC was previously cited for a violation of this Occupational Safety and Health Administration Standard, 29 CFR 1926.1052(c)(1), which was contained in Item 1b of Citation 1 issued on February 17, 2009 (OSHA Inspection 311910277).