OSHA Inspection: ROGELIO RODRIGUEZ

Issued

Nov 7, 2019

Abate by

Dec 5, 2019

Penalty

Initial $3,978 · Current $1,421 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 Aug. 15, 2019, located at the northwest side of a residential roof structure, employees were performing framing work without utilizing a fall protection system at potential fall heights of 19'11' above ground level.

Issued

Nov 7, 2019

Abate by

Dec 5, 2019

Penalty

Initial $1,705 · Current $1,421 Reduced

General-duty citation text

29 CFR 1926.503(b)(1): ("Certification of training.") 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.    The employer did not have written certification of fall protection training for employees observed performing framing work on a residential roof structure while not utilizing a fall protection system and exposed to potential fall heights of 19'11".