OSHA Inspection: WILLIAM PORRAS

Issued

Nov 8, 2018

Abate by

Dec 6, 2018

Penalty

Initial $3,880 · Current $1,950 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.    On June 14, 2018, located on the east of a residential roof structure, employees were observed performing roofing work while not utilizing a fall protection system. Potential fall heights were measured to be greater than 23 feet above the ground below.

Issued

Nov 8, 2018

Abate by

Dec 6, 2018

Penalty

Initial $3,880 · Current $1,950 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.    The employer did not provide a training program for employees that were observed performing residential roofing work while not utilizing a fall protection system and exposed to fall heights greater than 23 feet above the ground below.

Issued

Nov 8, 2018

Penalty

Initial $2,772 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1101(f)(2)(i): Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.    The employer did not ensure that a competent person conducted an exposure assessment in that on June 14, 2018, employees removed asbestos-containing shingles from a residential roof. Bulk sample results revealed the shingles contained 10.38% chrysotile asbestos and the mastic contained 14.25% chrysotile asbestos.

Issued

Nov 8, 2018

Penalty

Initial $2,772 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A): For work with asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category. Such course shall include "hands-on" training and shall take at least 8 hours.    The employer did not ensure that employees were provided training for performing Class II work in that on June 14, 2018, employees removed asbestos-containing shingles from a residential roof. Bulk sample results revealed 10.38% chrysotile asbestos and the mastic contained 14.25% chrysotile asbestos.