OSHA Inspection: HILARIO JAVIER PONCE

Issued

Feb 7, 2017

Abate by

Feb 17, 2017

Penalty

Initial $2,173 · Current $1,087 Reduced

General-duty citation text

29 CFR 1926.102(a)(2): The employer shall ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g. clip-on or slide-on side shields) meeting the pertinent requirements of this section are acceptable.  On or about January 19, 2017, three employees working installing shingles on building #1 did not wear eye protection  and another employee working on building #4 doing framing work did not wear eye protection while using a pneumatic nail gun. The employer did not require the use of eye protection for the hazard of flying obects (nails) associated with these operations.

Issued

Feb 7, 2017

Abate by

Mar 13, 2017

Penalty

Initial $2,716 · Current $1,358 Reduced

General-duty citation text

29 CFR 1926.503(a)(1): The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.   On or about January 19, 2017, the employer had not provided fall protection training for three employees performing shingle installation on building #1 and one employee performing framing duties on buildings #4 and #5 at the 7240 Harlem Road, Westerville, Ohio worksite. These employees performed work without fall protection and without training in procedures to minimize the fall hazards related to performing elevated. Employees were exposed to fall hazards exceeding 25 feet.

Issued

Feb 7, 2017

Abate by

Feb 17, 2017

Penalty

Initial $7,605 · Current $3,803 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 about January 17, 2017, three employees performing shingle installation work were exposed to a fall hazard exceeding 25 feet without fall protection. The employees did not utilize and the employer did not require the use of fall protection for building #1 on the 7240 Harlem Road, Westerville, Ohio  worksite.  b.) On or about January 17, 2017, an employee performing framing duties was exposed to a fall hazard exceeding ten feet without fall protection. The employee did not utilize and the employer did not require fall protection used for buildings #4 and #5 on the 7240 Harlem Road, Westerville, Ohio worksite.  Javier Hilario Ponce was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1188927, citation number 1, item number 1 and was affirmed as a final order on November 28, 2016, with respect to a workplace located at 1121 Mirror Lake Place, Columbus, Ohio 43228.