OSHA Inspection: SAM THE PAINTER, LLC.

Issued

Nov 2, 2018

Abate by

Nov 21, 2018

Penalty

Initial $3,880 · Current $3,880

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 29, 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 of 11 feet, 8 inches.

Issued

Nov 2, 2018

Abate by

Nov 21, 2018

Penalty

Initial $3,880 · 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 29, 2018, the employer failed to train each employee in the recognition and avoidance of unsafe worksite conditions or the regulations required to control or eliminate the hazards, thereby exposing the employees to 11 foot, 8 inch fall hazards.

Issued

Nov 2, 2018

Abate by

Nov 14, 2018

Penalty

Initial $25,867 · Current $7,000 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.    The employer does not protect each employee from the hazard of falling by the use of fall protection devices.     This most recently occurred on August 29, 2018, where an employee was working from the porch roof painting the exterior trim of a two story house. The employee was not protected from falls, thereby being exposed to an 11 foot, 8 inch fall hazard.    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 the fall hazards.