OSHA Inspection: EMANUEL A. SCHWARTZ

Issued

May 18, 2020

Abate by

May 3, 2021

Penalty

Initial $5,398 · Current $2,000 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 February 13, 2020, located on a residential structure, employees exposed to a fall hazard standing on the top plate of the wooden structure installing roof trusses while not utilizing any fall protection system.  Potential fall height measured to be 22'-9".

Issued

May 18, 2020

Abate by

May 3, 2021

Penalty

Initial $5,398 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.502(a)(2): Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection. (A)  Guardrail systems;  (B)  Safety net systems; or  (C)  Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems.  On February 13, 2020, located on a residential structure, employees exposed to a fall hazard standing on the top plate of the wooden structure installing roof trusses and that the employer failed to install a fall protection system before the employees performed the framing work. Potential fall height measured to be 22'-9".

Issued

May 18, 2020

Abate by

May 3, 2021

Penalty

Initial $5,398 · Current $2,000 Reduced

General-duty citation text

29 CFR 1926.503(a)(1): The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.  On February 13, 2020, located on a residential structure, employees exposed to a fall hazard standing on the top plate of the wooden structure installing roof trusses while not utilizing any fall protection system had not been trained by the employer to recognize the hazards of falling and the procedures to be followed to minimize these hazards. Potential fall height measured to be 22'-9".

Issued

May 18, 2020

Abate by

May 3, 2021

Penalty

Initial $5,398 · Current $2,000 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.  On February 13, 2020, located on a residential structure, employees exposed to a fall hazard using an extension ladder to access the upper landing surface to perform framing work that did not extend past the upper landing surface 3', allowing employees a handrail while ascending and/or descending. Potential fall height measured to be 15-2

Issued

May 18, 2020

Abate by

May 3, 2021

Penalty

Initial $771 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a): Basic requirement. When an authorized government representative asks for the records you keep under Part 1904, you must provide copies of the records within four (4) business hours.  On February 14, 2020, and April 27, 2020, the employer failed to provide upon request the OSHA 300 Work-Related Injuries and Illnesses form and the OSHA 300-A Summary of Work-Related Injuries and Illnesses form for years 2017, 2018, & 2019 to OSHA within four business hours.