OSHA Inspection: ST. CLAIR CONSTRUCTION

Issued

May 15, 2019

Abate by

Jun 13, 2019

Penalty

Initial $2,273 · Current $1,137 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 did not initiate and maintain safety programs including fall safety and ladder safety programs to ensure employees exposed to fall hazards while engaged in residential construction activities had knowledge of the hazards and the procedures needed to minimize them.

Issued

May 15, 2019

Abate by

Jun 13, 2019

Penalty

Initial $0 · Current $0

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 exposed to fall hazards while engaged in residential roofing.  Employees shall be trained to recognize fall hazards along with the procedures to be utilized to minimize the hazards such as utilizing personal fall arrest systems.

Issued

May 15, 2019

Abate by

Jun 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1060(a): The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards.  The employer did not provide a training program for employees exposed to fall hazards while engaged in residential roofing.  Employees shall be trained to recognize fall hazards along with the procedures to be utilized to minimize the hazards such as utilizing personal fall arrest systems.

Issued

May 15, 2019

Abate by

Jun 13, 2019

Penalty

Initial $2,842 · Current $1,421 Reduced

General-duty citation text

29 CFR 1926.102(a)(1): The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.    On or about March 22, 2019, employees applying asphalt shingles with pneumatic nail guns were not utilizing eye protection on a single story residential home located at 5141 N. Lynndale Dr. Appleton, WI 54913.

Issued

May 15, 2019

Penalty

Initial $2,273 · Current $1,137 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.    On or about March 22, 2019, an employee was conducting roofing operations on a single story residential home located at 5141 N. Lynndale Dr. Appleton, WI 54913 utilized an aluminum multi-purpose ladder, in the fully extended position, to access the roof that was not extended at least three feet above the upper landing.

Issued

May 15, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with "Do Not Use" or similar language, and shall be withdrawn from service until repaired.  On or about March 22, 2019, employees conducting roofing operations on a single story residential home located at 5141 N. Lynndale Dr. Appleton, WI 54913 utilized an aluminum ladder that had a missing rung.

Issued

May 15, 2019

Abate by

Jun 13, 2019

Penalty

Initial $18,951 · Current $5,685 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.    (a)  On or about March 22, 2019, employees engaged in roofing activities on a garage located at 5141 N. Lynndale Dr. Appleton, WI 54913 were exposed to fall hazards of over 6 feet without any form of fall protection.    (b)  On or about March 22, 2019 an employee cleaning gutters at the residential home located at 5141 N. Lynndale Dr. Appleton, WI 54913 was exposed to fall hazards of over 6 feet without any form of fall protection.    St. Clair Construction 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 1330377, citation number 1, item number 1 and was affirmed as a final order on August 7, 2018, with respect to a workplace located at 1036 South Park Ave., Neenah, WI 54956.    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.