OSHA Inspection: DEJESUS STUCCO & GENERAL CONSTRUCTION CORP.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $2,200 · Current $750 Reduced

General-duty citation text

29 CFR 1926.451(f)(6): Scaffolds were erected, used, dismantled, altered, or moved such that they, or any conductive material handled on them, could have come closer than the minimum distances established for specific voltages as set forth in the table in subparagraph (f)(6).    a) Worksite,1238 Dutch Broadway, Valley Stream NY : Employees were working on a fabricated frame scaffold approximately 2ft. from the electric line that supplies power into the home; on or about 12/16/14.      Note: In addition to abatement documentation, the employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 5, 2015

Abate by

May 12, 2015

Penalty

Initial $2,200 · Current $750 Reduced

General-duty citation text

29 CFR 1926.452(c)(2): Tubular welded frames and panels were not braced by cross, horizontal, or diagonal braces, or combination thereof, which would have secured vertical members together laterally.    1238 Dutch Broadway, Valley Stream NY:     a) Worksite, front of building, 1st tier: Employees were working on a fabricated frame scaffold at approximately 6 ft. high above the ground. The interior of the scaffold was missing the cross braces; on or about 12/16/14.    b) Worksite, front of building, 2nd tier: Employees were working on a fabricated frame scaffold at approximately 12 ft. high above the ground. The interior of the scaffold was missing the cross braces; on or about 12/16/14.    c) Worksite, north side of building, 2nd tier: Employees were working on a fabricated frame scaffold at approximately 12 ft. high above the ground. The interior of the scaffold was missing the cross braces; on or about 12/16/14.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 5, 2015

Abate by

May 15, 2015

Penalty

Initial $1,320 · Current $400 Reduced

General-duty citation text

29 CFR 1926.454(c): The employer had reason to believe that an employee lacked the skill or understanding needed for safe work involving the erection, use or dismantling of scaffolds, and the employer did not retrain such employee so that the requisite proficiency was regained:    a) Worksite, 1238 Dutch Broadway, Valley Stream NY: Employees working on a fabricated frame scaffold were not re-trained on the safe work practice as these relate to scaffolding; on or about 12/16/14.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $2,640 · Current $900 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:    a) Worksite, 1238 Dutch Broadway, Valley Stream NY: Employee working under the second tier of a fabricated frame scaffold was not wearing a protective helmet and was exposed to being struck by overhead materials and hand tools; on or about 12/16/14.    b) Worksite, 1238 Dutch Broadway, Valley Stream NY: Employee walking under a fabricated frame scaffold was not wearing a protective helmet and was exposed to being struck by overhead materials and hand tools; on or about 12/16/14.    Note:  In addition to abatement documentation, the employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.100(a), which was contained in OSHA inspection number 314913948, citation number 1, item number 1 issued on 1/11/2011  and was affirmed as a final order on 1/21/2011, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $11,000 · Current $3,850 Reduced

General-duty citation text

29 CFR 1926.451(b)(1): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii)    a)  Worksite, 1238 Dutch Broadway, Valley Stream NY - Employees were working on a fabricated frame scaffold at the 12' level with only two planks installed exposing the employees to a fall to the ground; on or about 12/16/14.    Note: In addition to abatement documentation, the employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.451(b)(1), which was contained in OSHA inspection number 315418475, citation number 2, item number 1 issued on 5/16/2011  and was affirmed as a final order on 3/8/2012, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.451(b)(1), which was contained in OSHA inspection number 314913948, citation number 1, item number 2 issued on 1/11/2011  and was affirmed as a final order on 1/21/2011, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $4,400 · Current $1,500 Reduced

General-duty citation text

29 CFR 1926.451(e)(1):   When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used.  Crossbraces were used as a means of access.    a)  Worksite, 1238 Dutch Broadway, Valley Stream NY 11580  -  An employee was climbing the frames of a fabricated frame scaffold to access the second tier of the scaffold; on or about 12/16/14.      Note:  In addition to abatement documentation, the employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.451(e)(1), which was contained in OSHA inspection number 314913948, citation number 1, item number 3 issued on 1/11/2011  and was affirmed as a final order on 1/21/2011, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $11,000 · Current $3,850 Reduced

General-duty citation text

29 CFR 1926.451(g)(1): Employees on scaffolds more than 10 feet (3.1 m) above a lower level were not protected from falling to that lower level by fall protection established in paragraphs (g)(1)(i)-(vii) of this section:    a)  1238 Dutch Broadway, Valley Stream NY - Employees were not protected from falling by a guard rail system or personal fall arrest system while working from the second tier of a fabricated frame scaffold approximately 12ft above the ground; on or about 12/16/14.    Note:  In addition to abatement documentation, the employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.451(g)(1), which was contained in OSHA inspection number 315418475, citation number 2, item number 2 issued on 5/16/2011  and was affirmed as a final order on 3/8/2012, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.    Dejesus Stucco & General Construction Corp. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.451(g)(1), which was contained in OSHA inspection number 314913948, citation number 1, item number 4 issued on 1/11/2011  and was affirmed as a final order on 1/21/2011, with respect to a workplace located at Wellwood Avenue., West Babylon, NY 11704.

Issued

May 5, 2015

Abate by

May 11, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met (Construction Reference: 1926.59):  a) Worksite, 1238 Dutch Broadway, Valley Stream NY - Employees use materials such as, but not limited to, Stucco. A written hazard communication program was not in place; on, or about, 12/16/14.    Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.  ABATEMENT NOTE:    The written Hazard Communication Program must include descriptions of how the following program elements, required by this regulation, will be developed, implemented, and conveyed to the employer's employee(s) who are exposed to hazardous materials:          a.   Labeling and other forms or warning:               Labels shall include at least the identity of the hazardous            chemical(s), the appropriate hazard warnings, the target organs,            and the name and address of the chemical manufacturer, importer or other responsible party;          b.   A list or inventory of all hazardous materials known to be present in the            workplace must be compiled and be maintained as part of the employer's            written Hazard Communication Program;          c.   Material Safety Data Sheets (MSDSs) for all materials used by            employee(s) in the workplace must be maintained and readily available            all employee(s) on all shifts.          d.   The employer's Hazardous Materials Information and Training Program            must be based upon the employer's written Hazard Communication            Program.  The training for employee(s) must include at least:  Methods and observation that may be used to detect the presence            or release of hazardous chemicals in the work area.                       The physical and health hazards of the chemicals in the work area.               The measures employee(s) can take to protect themselves, such as,            specific procedures, appropriate work practices, emergency            procedures, and personal protective equipment to be used.            The details of the employer's Hazard Communication Program            including an explanation of the labeling systems used, Material            Safety Data Sheets and how employees can obtain and use the            appropriate hazard information;          e.   Methods used to inform employees of the hazards associated with non            routine tasks must also be addressed in the employer's written program;            and          f.   The employer's written Hazard Communication Program must be            made available upon request.          For Multi Employer Work places, the employer's Written Hazard Communication       Program must also specifically address how:          a.   Material Safety Data Sheets for each hazardous material on the job            site will be provided to other employers in the event the other            employer's employee(s) may be exposed to these materials.          b.   The methods the employer will use to inform other employer(s) of            any precautionary measures that need to be taken to protect            employee(s) during normal operating conditions and in foreseeable            emergencies.          c.   The methods the employer will use to inform the other employer(s)            of the labeling system used in the workplace.

Issued

May 5, 2015

Abate by

Jun 1, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:  a) Worksite, 1238 Dutch Broadway, Valley Stream NY - Employees use materials such as, but not limited to, Stucco.  The Safety Data Sheets were not available; on, or about, 12/16/14.     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

May 5, 2015

Abate by

Jun 1, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) Worksite - Employees use materials such as, but not limited to, Stucco. A training program was not in place; on, or about, 12/16/14.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.