OSHA Inspection: HERNANDEZ EXTERIORS LLC

Issued

May 7, 2019

Abate by

Jun 3, 2019

Penalty

Initial $4,376 · Current $4,376

General-duty citation text

29 CFR 1926.20(b)(2): Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.  On Jan. 24, 2019, there were no frequent and regular inspections being performed by a competent person in that:  (a) employees were using a portable extension ladder (on a snowy day) that was installed with the non-slip feet facing upwards (not in contact with the ground) and the top of the ladder not secured to the roof structure   (b) employees removing roofing shingles for 3 hours did not have any fall protection gear available for use   (c) employees working at ground level did not have any head protection at a jobsite where roofing materials waste had been thrown off all sides of the residence to the ground below  (d) at least two employees were performing work at the jobsite without proper foot protection (wearing sneakers)  (e) employees were working on a steep pitch roof structure at fall heights greater than 10 feet and 19 feet above the ground below without a fall protection system

Issued

May 7, 2019

Penalty

Initial $4,376 · Current $4,376

General-duty citation text

29 CFR 1926.502(a)(2): Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection.  a. On or about Jan. 18, 2019, located at a residential roof structure, employees were not provided with fall protection equipment before beginning roofing work at fall heights greater than 6 feet above the ground below.  b. On Jan. 24, 2019, located at a residential roof structure, employees were not provided with fall protection equipment before beginning roofing work at fall heights greater than 10 feet (lower roof) and 19 feet (upper roof) above the ground below.

Issued

May 7, 2019

Abate by

Jun 3, 2019

Penalty

Initial $4,376 · Current $4,376

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 performing roofing work on a residential roof structure while not utilizing a fall protection system and exposed to fall heights greater than 10 feet (lower roof) and 19 feet (upper roof) above the ground below.

Issued

May 7, 2019

Penalty

Initial $8,752 · Current $8,752

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 about Jan. 18, 2019, located at a residential roof structure, employees were performing roofing work without utilizing a fall protection system at fall heights greater than 6 feet above the ground below.  b. On Jan. 24, 2019, located throughout a residential roof structure, employees were performing roofing work without utilizing a fall protection system at fall heights greater than 10 feet (lower roof) and 19 feet (upper roof) above the ground below.  Hernandez Exteriors 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 1109305, citation number 1, item number 1 and was affirmed as a final order on 3/18/2016, with respect to a workplace located at 1731 Compton Rd., Mount Healthy, OH 45231.