OSHA Inspection: LVX PAINTING, LLC

Issued

Aug 28, 2019

Abate by

Sep 17, 2019

Penalty

Initial $3,978 · Current $1,989 Reduced

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 June 26, 2019, located on the north side of a residential structure, an employee was exposed to a fall hazard while performing painting work as there were no frequent and regular inspections being performed by a competent person designated by the employer to ensure the job-site, materials and equipment such as residential fall protection systems and/or devices were being maintained and utilized in a safe condition. Potential fall height measured to be greater than 25 feet.

Issued

Aug 28, 2019

Penalty

Initial $3,978 · Current $1,989 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.    On June 26, 2019, located on the north side of a residential structure, an employee was exposed to a fall hazard while sitting on a window sill, leaning outwards, and scraping paint off the exterior window wood trim. Potential fall height measured to be greater than 25 feet.

Issued

Aug 28, 2019

Abate by

Sep 17, 2019

Penalty

Initial $319 · Current $160 Reduced

General-duty citation text

29 CFR 1926.503(b)(1): The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.    On June 26, 2019, located on the north side of a residential structure, an employee was exposed to a fall hazard performing painting work sitting on a window sill, leaning outwards while not utilizing any fall protection system in that the employer did not have written certification to verify the employee had been trained in fall protection. Potential fall height measured to be greater than 25 feet.