OSHA Inspection: MILLER BROTHERS BUILDING SYSTEMS, LLC / FIVESTAR ENTERPRISES LLC, AND THEIR SUCCESSOR, MILLER BUILDING SYSTEMS LLC

Issued

Apr 15, 2020

Abate by

Apr 24, 2020

Penalty

Initial $5,937 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.451(f)(14): Makeshift devices, such as but not limited to boxes and barrels, are used on top of scaffold platforms to increase the working level height of employees:  Employees are exposed to fall hazards while working from a supported scaffold which is lifted by a rough terrain forklift.  The employer does not prevent employees from using makeshift devices to increase the working level height.  The following instance most recently occurred on October 24, 2019, at the above addressed job site:  a) An employee is exposed to fall hazards in excess of 10 feet, while standing on sheathing which is stacked on a supported scaffold.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  To abate this hazard in the future, the employer must ensure that its employees working from a suspended scaffold at 10 feet or greater are protected from falls and that no employee is using makeshift devices to increase the working height.

Issued

Apr 15, 2020

Abate by

Apr 24, 2020

Penalty

Initial $8,482 · Current $6,000 Reduced

General-duty citation text

29 CFR 1926.451(c)(2)(v): Fork-lifts are used to support scaffold platforms while the entire platform was not attached to the fork:    Employees are exposed to fall hazards while working from a supported scaffold, which is lifted by a rough terrain forklift.  The employer does not protect employees by attaching the scaffold platform to the fork.  The following instance most recently occurred on October 24, 2019, at the above addressed  jobsite:  a) An employee is exposed to fall hazards in excess of 10 feet, while working from a supported scaffold which is lifted by a rough terrain forking, and the supported scaffold is not secured to the forklift by a chain or some other secure method.  MILLER BROTHERS BUILDING SYSTEMS, LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD, 1926.451(c)(2)(v), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1011573, CITATION NUMBER 2, ITEM NUMBER 1, AND WAS AFFIRMED AS A FINAL ORDER ON JULY 27, 2015, WITH RESPECT TO A WORKPLACE LOCATED AT LOT 377B, LIBERTY ON THE LAKE SUBDIVISION, SAVOY, IL 61874.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  To abate this hazard in the future, the employer must ensure that its employees working from supported scaffolds at 10 feet or greater are protected from falls by securing the suspended scaffold to the forklift.

Issued

Apr 15, 2020

Abate by

Apr 24, 2020

Penalty

Initial $11,875 · Current $6,000 Reduced

General-duty citation text

29 CFR 1926.451(g)(1)(vii): Each employee on a scaffold, not otherwise specified in paragraphs (g)(1)(i) through (g)(1)(vi) of this section, more than 10 feet (3.1 m) above lower level is not protected from falls by the use of personal fall arrest systems or guardrail systems meeting the requirements of paragraph (g)(4) of this section:  Employees are exposed to fall hazards while working from a supported scaffold, which is lifted by a rough terrain forklift.  The employer does not protect employees from fall hazards by the use of personal fall arrest systems or a guardrail system meeting the requirements of paragraph (g)(4) of this section.  The following instance most recently occurred on October 24, 2019, at the above addressed  jobsite:  a) An employee is exposed to fall hazards in excess of 10 feet, while working from a supported scaffold and standing on the sheathing which is stacked on the supported scaffold, thereby eliminating fall protection provided by the supported scaffold guardrails.     MILLER BROTHERS BUILDING SYSTEMS, LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD, 1926.451(g)(1)(vii), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1011573, CITATION NUMBER 1, ITEM NUMBER 2, AND WAS AFFIRMED AS A FINAL ORDER ON JULY 27, 2015, WITH RESPECT TO A WORKPLACE LOCATED AT LOT 377B, LIBERTY ON THE LAKE SUBDIVISION, SAVOY, IL 61874.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  To abate this hazard in the future, the employer must ensure that its employees working from supported scaffolds at 10 feet or greater are protected from falls and that no employee is working without adequate fall protection.

Issued

Apr 15, 2020

Abate by

Apr 24, 2020

Penalty

Initial $29,687 · Current $6,000 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels are not protected by guardrail systems, safety net system, or personal fall arrest system, nor are employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b):    Employees are exposed to fall hazards while engaged in residential construction activities 6 feet or more above lower levels.  The employer does not protect each employee by means of a guardrail system, safety net system, personal fall arrest system, or an alternative fall protection measure.     The following instance most recently occurred on October 24, 2019, at the above addressed  jobsite:  a) Employees engaged in residential construction activities are not protected from falling from unprotected sides of the roof, thereby exposing employees to a fall hazard in excess of 10 feet from the roof to grade.     MILLER BROTHERS BUILDING SYSTEMS, LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1270842, CITATION NUMBER 2, ITEM NUMBER 1a, AND WAS AFFIRMED AS A FINAL ORDER ON MAY 2, 2018, WITH RESPECT TO A WORKPLACE LOCATED AT 1020 DECLARATION DRIVE, SAVOY, IL 61874.  MILLER BROTHERS BUILDING SYSTEMS, LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1337439, CITATION NUMBER 1, ITEM NUMBER 1a AND WAS AFFIRMED AS A FINAL ORDER ON DECEMBER 11, 2018, WITH RESPECT TO A WORKPLACE LOCATED AT 3909 SLATE DRIVE, CHAMPAIGN, IL 61822.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  To abate this hazard in the future, the employer must ensure that its employees performing residential construction activities at six feet or greater are protected from falls, and that no employee is working without adequate fall protection.