OSHA Inspection: SAM THE PAINTER, LLC.

Issued

Sep 20, 2017

Abate by

Oct 2, 2017

Penalty

Initial $2,716 · Current $2,716

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 August 31, 2017 where an employee was painting from the second story roof over the rear porch of the house, the employee was not protected from falls, thereby being exposed to a 12 foot fall hazard.

Issued

Sep 20, 2017

Abate by

Oct 10, 2017

Penalty

Initial $2,716 · 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.  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 August 31, 2017 where an employee was painting from the second story roof over the rear porch of the house, the employee did not know or understand the fall hazards or the equipment necessary to minimize the hazards, thereby being exposed to a 20 foot fall hazard.