OSHA Inspection: LUPILLO MARTINEZ

Issued

Apr 29, 2014

Abate by

May 17, 2014

Penalty

Initial $1,200 · Current $1,200

General-duty citation text

29 CFR 1926.102(a)(1): Employees shall be provided with eye and face protection equipment when machines or operations present potential eye or face injury from physical, chemical, or radiation agents.  a. On the roof of the apartment building where employees were using air actuated nail guns to install shingles, eye protection such as, but not limited to, safety glasses were not provided and required to be worn, thereby exposing employees to struck-by hazards.

Issued

Apr 29, 2014

Abate by

May 23, 2014

Penalty

Initial $2,800 · Current $2,800

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 apartment building 7-S where employees were installing shingles, employees were not protected from falls by use of, but not limited to, personal fall arrest systems, thereby being exposed to of 19-24 feet fall hazards.