OSHA Inspection: HENRY RODRIGUEZ

Issued

Nov 16, 2016

Abate by

Nov 28, 2016

Penalty

Initial $2,672 · Current $3,741

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 or before September 15, 2016, employees who were not wearing eye protection were installing shingles to the roof using air actuated nail guns, thereby being exposed to struck-by hazards.

Issued

Nov 16, 2016

Abate by

Nov 28, 2016

Penalty

Initial $3,741 · Current $0 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 15, 2016, where employees were installing shingles to the roof of a 3 story apartment building, the employees were not protected from falls, thereby being exposed to a 27 foot fall hazard.

Issued

Nov 16, 2016

Abate by

Dec 6, 2016

Penalty

Initial $3,741 · Current $0 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.      a. On or about September 15, 2016, where employees were performing roofing work installing shingles, the employer did not ensure that employees had the clear understanding of recognizing and avoiding hazards such as, but not limited to falls.