OSHA Inspection: CJC CONSTRUCTION, LLC

Issued

Nov 2, 2018

Abate by

Dec 4, 2018

Penalty

Initial $3,880 · Current $1,940 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.    The employer is not maintaining fall safety programs that ensure employees are utilizing fall protection when exposed to fall hazards in excess of six feet.  This violation was most recently observed on October 3, 2018 at Lear Lane De Pere, WI 54115 where three employees were engaged in sheathing a roof of a two story apartment complex while exposed to fall hazards of approximately 20' without any form of fall protection.  The company foreman observed the fall hazard on October 3, 2018, and has continually observed fall hazards without maintaining a fall safety program that insures employees follow the standards outlined in 29 CFR 1926 Subpart M.    To abate this violation, the employer must initiate and maintain a fall protection program that ensures employees utilize fall protection when exposed to fall hazards in excess of six feet.  This program shall include frequent and regular inspections by competent persons it designates that ensure workers use appropriate safety measures.  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 designates as competent, a description of their responsibilities, and a description of a plan to ensure employees utilize safety measures such as a disciplinary program.

Issued

Nov 2, 2018

Abate by

Dec 4, 2018

Penalty

Initial $5,543 · Current $2,772 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.    On or about October 3, 2018, three employees sheathing the roof of a two story apartment complex located on Lear Lane De Pere, WI 54115 were exposed to fall hazards of approximately 20 feet without utilizing any form of fall protection.    CJC Construction LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1243739, citation number one, item number two and was affirmed as a final order on October 24, 2017, with respect to a workplace located at 1197 Edelweiss Lane Sheboygan Falls, WI 53085.    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.