OSHA Inspection: HECTOR HERNANDEZ

Issued

Feb 18, 2016

Abate by

Mar 26, 2016

Penalty

Initial $440 · Current $440

General-duty citation text

29 CFR 1903.19(d)(1): The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required:  a) The employer did not submit certification and documentation for abatement for citations issued for the following:   -initiating and maintaining safety and health programs  -training on the recognition of unsafe conditions and how to control and eliminate hazards  -the use of scaffolds without proper access points  -scaffolds not being erected by competent and trained persons  -Employees working from scaffolds more than 10 feet were not protected   -ladders supporting ladder jacks were not supported  -ladders were not used only for the purpose they were designed  -Areas around the top and bottom of ladders shall be kept clear  -training on fall protection by competent persons  -written certification records for employee's receiving fall protection training  -ladder side rails did not extend at least 3 feet above upper landing services  -ladders to support scaffold planks were not the proper distance from foot to top support  -employees engaged in residential construction greater than 6 feet were not provided with fall protection

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $2,200 · Current $2,200

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain such programs as may be necessary to comply with this part.   Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI:  Hector Hernandez, dba Town City Construction does not have a program, including frequent and regular inspections by competent persons designated by the employer, to ensure compliance with safety Standards contained in 29 C.F.R 1926.  The employer does not have a program to ensure compliance with PPE, electrical, scaffold, fall protection, and ladder requirements, and does not designate any competent person to ensure employees follow safe work practices.  To abate this item, the employer must initiate and maintain a program, including frequent and regular inspections by competent persons it designates, to ensure that workers use appropriate safety measures.  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent, and a description of their responsibilities.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI:  Hector Hernandez, dba Town City Construction, does not provide training to employees which would allow them to recognize and avoid unsafe conditions, or to understand and follow the OSHA Standards that apply to construction work, to include the proper use of personal protective equipment, power tools, extension cords, scaffolding, ladders, and fall protection.  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including copies of the training materials and the names and qualifications of the persons it is designating as competent.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $2,640 · Current $2,640

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.    Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, ladder jack scaffolds were set up on two sides of the house and a separate ladder was not used for access when the scaffold planks were set on the outside of the ladders which forced the employees to climb over the planks to get on them.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $1,760 · Current $1,760

General-duty citation text

29 CFR 1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration:   Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, employees were working from ladder jack scaffolds that were not erected by trained employees or supervised by a competent person that could recognize hazards and take corrective actions to eliminate the hazards in that:  A) Ladders were not positioned at an angle of 1:4;  B) The extension ladders used to support the scaffolds were separated with the top parts used;  C) The scaffold planks  on the north side of the house were not level or restrained from sliding;   D) Adequate access was not provided.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $1,760 · Current $1,760

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:  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, four employees were tearing off roof shingles while working from two separate ladder jack scaffolds and were wearing harnesses that were not connected to lifelines to prevent them from hitting the ground.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $1,760 · Current $1,760

General-duty citation text

29 CFR 1926.452(k)(4): Ladders used to support ladder jacks shall be placed, fastened, or equipped with devices to prevent slipping.  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, one the ladders used to support the ladder jack scaffold on the north side of the house was not secured to prevent slipping when the ladders were positioned at a 45 degree angle although one ladder did have a bundle of shingles placed at its base.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4): Ladders shall be used only for the purpose for which they were designed.  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, employees were using ladders for purposes which they were not intended in that:  A) One aluminum and one fiberglass extension ladder were taken apart and used as separate pieces to support ladder jack scaffold planks when the labels warned the ladders were not designed to be used as separate pieces;  B) The top section of a shingle elevator was used to access a portion of the roof when it did not have slip resistant feet to protect the rails from damage or to prevent the equipment from sliding out.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $1,320 · Current $1,320

General-duty citation text

29 CFR 1926.1053(b)(9): The area around the top and bottom of ladders shall be kept clear.  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, the shingle debris was dropped to the ground below the ladder jack scaffold, requiring the employees to walk on the pile of debris to get on and off the ladders.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $4,400 · Current $4,400

General-duty citation text

29 CFR 1926.503(a)(2): The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas:  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: , does not have a program to ensure employees are able to recognize fall hazards and take the appropriate actions to eliminate those hazards, and does not ensure the employees have been trained by a competent person to properly set up and use fall protection systems or to understand the other Standards in this subpart. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent, and a description of their responsibilities.  Hector Hernandez, dba Town City Construction, was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 402824, citation number 1, item number 1B,  and was affirmed as a final order on 7/24/12, with respect to a workplace located at 225 E. Apple Creek Rd. Appleton, WI 54913.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.503(b)(1): The employer did not verify compliance with paragraph (a) of this section by preparing a written (training) certification record including the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer.  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On and before 9/9/15, the employer did not record and maintain records of the employee's fall protection training.    Hector Hernandez, dba Town City Construction, was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 402824, citation number 1, item number 1C, and was affirmed as a final order on 7/24/12, with respect to a workplace located at 225 E. Apple Creek Rd, Appleton, WI 54913.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $4,400 · Current $4,400

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:      Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, the ladder used to access the porch roof did not extend at least 3' above the upper surface.  Hector Hernandez, dba Town City Construction, was previously cited for a violation of this occupational safety and health standard or its equivalent standard (name previously cited standard), which was contained in OSHA inspection number 441035, citation number 1, item number 3a, and was affirmed as a final order on 7/3/12, with respect to a workplace located at N286 Hwy 114, Sherwood, WI 54169.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $3,520 · Current $3,520

General-duty citation text

29 CFR 1926.1053(b)(5)(i): Non-self-supporting ladders shall be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support).  Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: On 9/9/15, employees were working from two halves of an extension ladder used to support a scaffold plank when the angle of the ladder sections was at a 45 degrees, or 1:1, which increases the likelihood of the feet sliding out.  Hector Hernandez, dba Town City Construction, was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 312557887, citation number 1, item number 2a,  and was affirmed as a final order on 11/10/10, with respect to a workplace located at W6653 Rickey Lane, Greenville, WI 54942.

Issued

Oct 28, 2015

Abate by

Nov 19, 2015

Penalty

Initial $15,400 · Current $15,400

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):   Town City Construction project site located at 340 N. 7th St. Wisconsin Rapids, WI: Each employee on a steep pitch roof, with unprotected sides and edges, was not protected from falling by any form of fall protection. The employer does not require the use of complete and properly installed fall protection during roofing work. This violation was most recently observed at 340 N. 7th St. Wisconsin Rapids, WI 54495, where six employees were not protected from fall hazards between 10.5' and greater than 25' to the ground.  To abate this violation, the employer must ensure that its employees performing roofing work are protected from falls, and that no employee is allowed onto a roof more than 6' above a lower level without adequate fall protection. Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards.