OSHA Inspection: ANGEL RODRIGUEZ

Issued

Jan 20, 2016

Abate by

Feb 1, 2016

Penalty

Initial $2,200 · Current $880 Reduced

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. At the worksite where employees used air actuated nail guns to install sheeting on the roof of the house, eye protection was not used, thereby exposing employees to a struck-by hazard.  b. At the worksite where employees used air actuated nail guns to frame the roof of the house, eye protection was not used, thereby exposing employees to a struck-by hazard.

Issued

Jan 20, 2016

Abate by

Feb 1, 2016

Penalty

Initial $6,160 · Current $2,464 Reduced

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 the garage where employees were sheeting the roof, fall protection was not used, thereby exposing the employees to a 10 foot, 1 inch fall hazard.  b. On the roof of the back of the house where employees were installing sheeting, fall protection was not used, thereby exposing the employees to a 19 foot, 10 inch fall hazard.  Angel Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 863464, citation number 1, item number 3 and was affirmed as a final order on April 15, 2013, with respect to a workplace located at 131/135 Tinley Park Circle, Delaware, Ohio, 43015.