OSHA Inspection: LEM CONSTRUCTION LLC

Issued

Oct 18, 2018

Abate by

Nov 7, 2018

Penalty

Initial $4,268 · Current $2,104 Reduced

General-duty citation text

29 CFR 1926.20(b)(1): It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.    a. On or before August 22, 2018, the employer failed to initiate and maintain a safety and health program, such as but not limited to, a fall protection program, thereby exposing employees to fall hazards.

Issued

Oct 18, 2018

Abate by

Nov 29, 2018

Penalty

Initial $4,268 · Current $0 Reduced

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.    a. On or before August 22, 2018, the employer failed to instruct each employee on the recognition and avoidance of worksite hazards or the correct regulations required to control or eliminate those hazards, thereby exposing employees to fall or other hazards.

Issued

Oct 18, 2018

Abate by

Nov 29, 2018

Penalty

Initial $4,268 · 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 22, 2018, where employees were using fall protection equipment while roofing a house, the employees had not retained an understanding of the requirements for the fall protection systems, thereby being exposed to a 10ft, 8 inch fall hazard.

Issued

Oct 18, 2018

Abate by

Oct 30, 2018

Penalty

Initial $3,049 · Current $2,104 Reduced

General-duty citation text

29 CFR 1926.502(d)(15): Anchorages used for attachment of personal fall arrest equipment shall be independent of any anchorage being used to support or suspend platforms and capable of supporting at least 5,000 pounds (22.2 kN) per employee attached, or shall be designed, installed, and used as follows:   a. On or before August 22, 2018, employees tied ropes that were used as part of a personal fall arrest system around trusses at the peak nail plate, thereby being exposed to a 10 foot, 8 inch fall hazard.

Issued

Oct 18, 2018

Abate by

Oct 30, 2018

Penalty

Initial $8,536 · Current $3,049 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 before August 22, 2018, employees were working without fall protection while installing roofing materials on the roof of a house, thereby being exposed to a 10 foot, 8 inch fall hazard.      LEM Construction LLC  was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1261769, citation number 1, item number 1 and was affirmed as a final order on October 2, 2017, with respect to a workplace located at 1279 Smoke Burr Drive, Westerville, OH 43081.