OSHA Inspection: LUIS CODERO ORTEGA

Issued

Sep 30, 2016

Abate by

Oct 20, 2016

Penalty

Initial $3,527 · Current $1,764 Reduced

General-duty citation text

29 CFR 1926.503(c):"Retraining." When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (a) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:  29 CFR 1926.503(c)(3): Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill. Note: The following appendices to subpart M of this part serve as non-mandatory guidelines to assist employers in complying with the appropriate requirements of subpart M of this part. [59 FR 40738, Aug. 9, 1994; 60 FR 5131, Jan. 26, 1995]  a. On or before September 20, 2016, where employees were sheeting the 2nd floor of the building, the employees did not understand the requirements for fall protection or when it was required, thereby exposing the employees to a 11 foot, 6 inch fall hazard.

Issued

Sep 30, 2016

Abate by

Oct 12, 2016

Penalty

Initial $7,055 · Current $3,529 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 or before September 20, 2016, where employees were sheeting the 2nd story floor, fall protection was not used, thereby exposing the employees to a 11 foot, 6 inch fall hazard.\    Luis Codero Ortega was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 738881, citation number 1, item number 2 and was affirmed as a final order on January 23, 2013, with respect to a workplace located at Santorinni Drive building #35, New Albany, OH 43054 .