OSHA Inspection: HECTOR HERNANDEZ

Issued

Sep 6, 2018

Abate by

Oct 4, 2018

Penalty

Initial $1,037 · Current $1,037

General-duty citation text

29 CFR 1903.19(c)(1):   The employer failed to certify to OSHA (the Agency) that the following item(s) were abated within 10 calendar days after the abatement date:  a) Hector Hernandez dba Town City Construction, did not provide abatement certification within 10 calendar days after the abatement date on all the cited items.

Issued

Sep 6, 2018

Abate by

Oct 4, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.   Hector Hernandez dba, Town City Construction, failed to provide documentation demonstrating the abatement method and completion of the following items as cited:   a) Citation 1 Item 1a Employees were  exposed to falls while working from ladder jack scaffolds that were not erected by trained employees or supervised by a competent person that could recognize hazards and take corrective actions to eliminate the hazards.  b) Citation 1 Item 1b Employees were exposed to falls while working from a ladder jack scaffold where three planks were set up on 4 ladders, with the center ladder supporting two planks and one end plank was supporting a fourth plank set at 90 degrees.    c) Citation 1 Item 1c Employees were exposed to falls while using ladders for purposes which they were not intended in that: Werner Type II fiberglass ladders were used to support ladder jack scaffold planks when the manufacturer specifies only Type I ladders should be used.   d) Citation 1 Item 2a The employer has not developed and implemented safety and health programs to ensure compliance with safety Standards contained in 29 C.F.R 1926.  Employees roofing a steep pitch house were exposed to falls from ladders, scaffolds and the roof when personal fall arrest systems were not used by all employees and none of the employees were properly using their personal fall arrest systems.  e) Citation 1 Item 2b The Employer did not provide training to employees which would allow them to recognize and avoid unsafe conditions, or to understand and follow the OSHA Standards that apply to construction work, to include the proper use of personal protective equipment, power tools, extension cords, scaffolding, ladders, and fall protection  f) Citation 1 Item 2c the employer did not ensure each employee on a steep pitch roof, with unprotected sides and edges, is protected from falling by an acceptable form of fall protection. The employer does not require the use of complete and properly installed fall protection during roofing work.  g) Citation 1 Item 2d The employer did not have a program to ensure employees are able to recognize fall hazards and take the appropriate actions to eliminate those hazards, and does not ensure the employees have been trained by a competent person to properly set up and use fall protection systems. h) Citation 1 Item 2e The employer did not ensure employees are protected from falling from ladders that are properly set up with the top of the ladder at least 3' above the upper landing surfaces to provide a hand hold while stepping on and off of the ladders, and does not ensure the employees have been trained by a competent person to properly set up and use ladders.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $6,504 · Current $6,504

General-duty citation text

29 CFR 1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration:   On and about March 28, 2018, employees were  exposed to falls while working from ladder jack scaffolds that were not erected by trained employees or supervised by a competent person that could recognize hazards and take corrective actions to eliminate the hazards in that:  A) Two Werner Type II fiberglass extension ladders were used instead of Type I ladders to support the jacks;  B) Two scaffold planks were bridged across one ladder and another plank was bearing on one of the first planks at 90 degrees;  C) Scaffold planks were not secured with the integral clips to prevent sliding.   Hector Hernandez  was previously cited for a violation of this occupational safety and health standard or its equivalent standard which was contained in OSHA inspection number 1090713, citation number 1, item number 3, and was affirmed as a final order on 2/9/16, with respect to a workplace located at 340 N. 7th St. Wisconsin Rapids, WI 54495.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.452(k)(5): Scaffold platforms shall not be bridged one to another.  On and about March 28, 2018, employees were exposed to falls while working from a ladder jack scaffold where three planks were set up on 4 ladders, with the center ladder supporting two planks and one end plank was supporting a fourth plank set at 90 degrees.     Hector Hernandez  was previously cited for a violation of this occupational safety and health standard or its equivalent standard, 1926.452(k)(4), which was contained in OSHA inspection number 1090713, citation number 1, item number 5A, and was affirmed as a final order on 2/9/16, with respect to a workplace located at 340 N. 7th St. Wisconsin Rapids, WI 54495.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4): Ladders shall be used only for the purpose for which they were designed.  On and about March 28, 2018, employees were exposed to falls while using ladders for purposes which they were not intended in that: Werner Type II fiberglass ladders were used to support ladder jack scaffold planks when the manufacturer specifies only Type I ladders should be used.   Hector Hernandez  was previously cited for a violation of this occupational safety and health standard or its equivalent standard which was contained in OSHA inspection number 1090713, citation number 1, item number 5B, and was affirmed as a final order on 2/9/16, with respect to a workplace located at 340 N. 7th St. Wisconsin Rapids, WI 54495.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $56,908 · Current $56,908

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain such programs as may be necessary to comply with this part.   Hector Hernandez has not developed and implemented safety and health programs to ensure compliance with safety Standards contained in 29 C.F.R 1926.  The employer does not have programs to ensure compliance with PPE, electrical, scaffold, fall protection, and ladder requirements, and does not designate any competent person to ensure employees follow safe work practices.  This most recently occurred on March 28, 2018, at Lot 25 Rivermor Dr. Sheboygan, WI.  Employees roofing a steep pitch house were exposed to falls from ladders, scaffolds and the roof when personal fall arrest systems were not used by all employees and none of the employees were properly using their personal fall arrest systems.  To abate this item, the employer must initiate and maintain a program, including frequent and regular inspections by competent persons it designates, to ensure that workers use appropriate safety measures.  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent, and a description of their responsibilities.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  Hector Hernandez does not provide training to employees which would allow them to recognize and avoid unsafe conditions, or to understand and follow the OSHA Standards that apply to construction work, to include the proper use of personal protective equipment, power tools, extension cords, scaffolding, ladders, and fall protection.  This most recently occurred on March 28, 2018, at Lot 25 Rivermor Dr. Sheboygan, WI.  Employees roofing a steep pitch house were exposed to falls from ladders, scaffolds and the roof when PPE was not used, ladders and scaffolding were not set up correctly and employees were not properly using their personal fall arrest systems.  Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including copies of the training materials and the names and qualifications of the persons it is designating as competent.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.501(b)(13): Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b):   Hector Hernandez does not ensure each employee on a steep pitch roof, with unprotected sides and edges, is protected from falling by an acceptable form of fall protection. The employer does not require the use of complete and properly installed fall protection during roofing work. This most recently occurred on March 28, 2018, at Lot 25 Rivermor Dr. Sheboygan, WI.  Employees roofing a steep pitch house were exposed to falls when personal fall arrest systems were not used by all employees and none of the employees were properly using their personal fall arrest systems.   Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.503(a)(2): The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas:  Hector Hernandez does not have a program to ensure employees are able to recognize fall hazards and take the appropriate actions to eliminate those hazards, and does not ensure the employees have been trained by a competent person to properly set up and use fall protection systems or to understand the other Standards in this subpart.  This most recently occurred on March 28, 2018, at Lot 25 Rivermor Dr. Sheboygan, WI.  Employees roofing a steep pitch house were exposed to falls when personal fall arrest systems were not used by all employees and none of the employees were properly using their personal fall arrest systems.   Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent, and a description of their responsibilities.

Issued

May 30, 2018

Abate by

Jun 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:      Hector Hernandez does not ensure employees are protected from falling from ladders that are properly set up with the top of the ladder at least 3' above the upper landing surfaces to provide a hand hold while stepping on and off of the ladders, and does not ensure the employees have been trained by a competent person to properly set up and use ladders or to understand and follow the Standards in this subpart.  This most recently occurred on March 28, 2018, at Lot 25 Rivermor Dr. Sheboygan, WI.    Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent, and a description of their responsibilities.