OSHA Inspection: RICARDO DOMINGUEZ, AKA ANDREAS ORTA

Issued

Oct 9, 2019

Abate by

Oct 22, 2019

Penalty

Initial $5,683 · Current $3,978 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.       a. On or about October 2, 2019, at the residential job site, Lot 58, in the Tarlton Meadows community, the employer did not ensure that employees involved in framing activities on the second floor were protected against outside falls through window openings up to 14 feet.     b. On or about October 2, 2019, at the residential job site, Lot 58, in the Tarlton Meadows community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an inside fall from an open sided floor on the back side of the house of approximately 10 feet, 3.5 inches.     Ricardo Dominguez was previously cited for a violation of this occupational safety and health standard, 1926.501(b)(13), which was contained in OSHA inspection number 1265388, citation number 1, item number 1 and was affirmed as a final order on November 7, 2017, with respect to a workplace located at 693 Viola Drive, Lot 1849, Sunbury, OH 43074.

Issued

Oct 9, 2019

Penalty

Initial $2,842 · Current $0 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.       a. On or about October 2, 2019, at the residential job site, Lot 58, in the Tarlton Meadows community, the employer did not ensure that the Keller KPro fiberglass extension ladder used by employees to access the second floor extended at least 3 feet above the upper landing surface to prevent employees from falling approximately 13 feet, 0.5 inch.

Issued

Oct 9, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(6): Ladders shall be used only on stable and level surfaces unless secured to prevent accidental displacement.     a. On or about October 2, 2019, at the residential job site, Lot 58, in the Tarlton Meadows community, the employer did not ensure that the Keller KPro fiberglass extension ladder used by employees to access the second floor was used on a stable and level surface or secured to prevent accidental displacement, thereby exposing employees to a fall hazard of approximately 13 feet, 0.5 inch.