OSHA Inspection: KIMBERLY A. RIOS

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.151(a)(2): Internal combustion engine powered equipment shall be so located that the exhausts are well away from combustible materials. When the exhausts are piped to outside the building under construction, a clearance of at least 6 inches shall be maintained between such piping and combustible material:  a)  On and or about 11-05-13, employees were utilizing a Rolair compressor while positioned in the back of a work pickup truck with an open fuel container positioned against one side of the compressor.  Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.152(f)(1): Flammable liquids were not kept in closed containers when not actually in use:   a)  On and or about 11-5-13, employees were utilizing a 5 gallon fuel container to power a Rolair compressor; the fuel container was left open when stored against the side of the running compressor in the back of a work pickup truck.  Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.152(f)(3): Flammable liquids were used where there were open flames or other sources of ignition within 50 feet of the operation:Note:  Certain conditions warrant that flammable liquids be used farther than 50 feet from open flames or other sources of ignition:  a)  On and or about 11-5-13, employees were utilizing a Rolair compressor positioned in the back of a work pickup truck with an open five (5) gallon fuel container positioned against the side of the running compressor.  Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $1,600 · Current $1,600

General-duty citation text

29 CFR 1926.151(c)(6): Portable fire extinguishing equipment, suitable for the fire hazard(s) involved, was not provided at convenient, conspicuously accessible locations in the yard area:  a)  On and or about 11-5-13, employees who were using fuel to power a Rolair compressor did not have a fire extinguisher readily assessable; the fire extinguisher was said to be buried under materials and equipment in the work pickup truck.  Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $14,000 · Current $6,000 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b):       a)      On and or about 11-5-13, employees were working on a 5:12 pitch, third story residential roof with an eave edge greater than twenty-five (25) feet above compacted surface without utilizing fall protection equipment.    b)      On and or about 11-05-13, employees were accessing a residential third story roof by walking on a 5:12 pitch, second story roof with an eave edge greater than twenty (20) feet above compacted surface without utilizing fall protection equipment.    c)      On and or about 11-05-13, employees who were using an extension ladder between a first story roof surface and second story roof surface were walking on a low slope porch roof with an eave edge thirteen (13) feet above compacted surface without utilizing fall protection equipment.    Abatement Certification and Abatement Documentation Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $4,000 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.102(a)(1): Eye and face protective equipment were not used when machines or operations presented potential eye or face injury from physical, chemical, or radiation agents:    a)  On and or about 11-5-13, employees who were working on a roof were operating pneumatic nail guns without wearing eye protection.      Bacilio Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 1926.102(a)(1), which was contained in OSHA Inspection Number 107030, Citation Number 01, item number 001, and was affirmed as a Final Order on 02-10-12, with respect to a workplace located at 1619 Greenwood, Greenville, WI  54942.    Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $4,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1926.503(a)(2)(viii): The employer did not assure that each employee had been trained by a competent person qualified in the standards contained in subpart M:    a)  On and or about 11-5-13, employer did not assure that each employee had been trained, as necessary, by a competent person qualified in the requirements of Subpart M; employees who were performing roofing repair work did not utilize fall protection equipment when walking and working on three roof levels each greater than ten (10) feet above compacted surfaces.    Bacilio Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA Inspection Number 312552151 (86798), Citation Number 01, item number 1a, and was affirmed as a Final Order on 10-13-09, with respect to a workplace located at 7849 Edgewater Ct.; Sherwood, WI  54169.    Abatement Certification and Abatement Documentation Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $3,200 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:     a)      On and or about 11-5-13, employees were utilizing a twenty (20) ft. Louisville extension ladder as the roof access point between a first story porch roof surface and a second story roof surface without the side rails extending at least three (3) feet above the upper surface; porch roof low slope with eave edge thirteen (13) feet above compacted surface; second story roof access point eight (8) feet above the porch roof surface.     Bacilio Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 1926.1053(b)((1), which was contained in OSHA Inspection Number 312552151 (86798), Citation Number 01, item number 2, and was affirmed as a Final Order on 10-13-09, with respect to a workplace located at 7849 Edgewater Ct.; Sherwood, WI  54169.     Abatement Certification Required

Issued

Nov 27, 2013

Abate by

Jan 21, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1060(a)(1)(v): The employer did not ensure that each employee using ladders and/or stairways had been trained by a competent person in the standards contained in Subpart X:   a)      On and or about 11-5-13, employer did not assure that each employee who was utilizing extension ladders to access roof work surfaces had been trained, as necessary, by a competent person qualified in the requirements of Subpart X.  Abatement Certification Required