OSHA Inspection: FERNANDEZ CONSTRUCTION, LLC.

Issued

Feb 7, 2020

Abate by

Feb 14, 2020

Penalty

Initial $4,048 · Current $2,631 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.   a. On or about February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, the employer did not initiate and maintain safety and health programs for employees performing framing work, thereby exposing employees to fall and struck-by hazards.

Issued

Feb 7, 2020

Abate by

Feb 14, 2020

Penalty

Initial $2,892 · Current $0 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.     a. On or about February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, an employee was operating a pneumatic nail gun without eye protection, thereby exposing the employee to a struck-by hazard.

Issued

Feb 7, 2020

Abate by

Feb 14, 2020

Penalty

Initial $4,048 · Current $2,631 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.   a. On or about February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, the employer did not instruct employees in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment, thereby exposing employees to fall and struck-by hazards.

Issued

Feb 7, 2020

Abate by

Feb 14, 2020

Penalty

Initial $4,048 · Current $0 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 February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, employees were sheathing a residential roof without any means of fall protection, thereby exposing the employees to a 12 to 17 foot fall hazard.      b. On or about February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, there was a 3 foot 8 inch by 11 foot floor hole on the 1st floor of the residential home, thereby exposing the employees to an 8 foot fall into the basement.      c. On or about February 5, 2020, located at 6143 New Albany-Condit Road in Westerville, Ohio, there was an 8 foot wide opening on the second floor of a residential home, thereby exposing the employees to a 10 to 18 foot fall hazard.