OSHA Inspection: KIMBERLY A. RIOS

Issued

Sep 25, 2018

Abate by

Oct 24, 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) Kimberly Rios dba Rios Roofing, did not provide abatement certification within 10 calendar days after the abatement date on all the cited items.

Issued

Sep 25, 2018

Abate by

Oct 24, 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.   Kimberly Rios dba Rios Roofing, failed to provide documentation demonstrating the abatement method and completion of the cited items.

Issued

Jul 18, 2018

Abate by

Aug 15, 2018

Penalty

Initial $21,341 · Current $21,341

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.  Rios Roofing 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 W4549 Hwy 10 Menasha, WI.  An employee engaged in roofing activities on a steep pitch house was exposed to falls when a personal fall arrest system was not used.   b.  Rios Roofing 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 W4549 Hwy 10 Menasha, WI.  An employee engaged in roofing activities on a steep pitch house was exposed to falls when he was not properly using his personal fall arrest system.   c.  Rios Roofing 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 W4549 Hwy 10 Menasha, WI.  An employee engaged in roofing activities on a steep pitch house was exposed to falls when the anchor used as part of the personal fall arrest system was not properly installed.   Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 987644, Citation Number 1, item number 1, and was affirmed as a Final Order on 04/13/15, with respect to a workplace located at 304 Gregory Lane Neenah, WI 54956.  Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 943803, Citation Number 1, item number 1, and was affirmed as a Final Order on 12/20/13, with respect to a workplace located at 833 N 19th St. Manitowoc, WI 54221.  Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 948141, Citation Number 2, item number 1, and was affirmed as a Final Order on 12/20/13, with respect to a workplace located at 534 E South River St. Appleton, WI 54915.

Issued

Jul 18, 2018

Abate by

Aug 15, 2018

Penalty

Initial $21,341 · Current $21,341

General-duty citation text

29 CFR 1926.1053(b)(1): When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.  a.  Rios Roofing does not ensure that each ladder used extends at least three feet above the upper landing surface.  This most recently occurred on March 28, 2018, at W4549 Hwy 10 Menasha, WI.  Employees engaged in roofing activities on a steep pitch house used ladders that did not extend at least three feet above the upper landing to access/egress the roof.   Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 987644, Citation Number 1, item number 1, and was affirmed as a Final Order on 04/13/15, with respect to a workplace located at 304 Gregory Lane Neenah, WI 54956.  Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 943803, Citation Number 1, item number 1, and was affirmed as a Final Order on 12/20/13, with respect to a workplace located at 833 N 19th St. Manitowoc, WI 54221.  Kimberly A. Rios/Rios Roofing was previously cited for a violation of this Occupational Safety and Health standard, which was contained in OSHA Inspection Number 948141, Citation Number 2, item number 1, and was affirmed as a Final Order on 12/20/13, with respect to a workplace located at 534 E South River St. Appleton, WI 54915.