OSHA Inspection: RAPHAEL PEREZ

Issued

May 18, 2020

Abate by

Jul 6, 2020

Penalty

Initial $4,453 · Current $4,453

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 March 4, 2020, employees were exposed to a fall hazard measured at 10 feet 8 inches while using an extension ladder to climb onto the unprotected edge of the roof surface without extending the side rails of the ladder at least 3 feet above the landing surface.

Issued

May 18, 2020

Penalty

Initial $8,906 · Current $8,906

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 March 4, 2020, employees were exposed to fall hazards measured to be 15 feet 4 inches and 12 feet 2 inches while installing asphalt shingles on a newly constructed residential roof without properly utilizing a fall protection system.  The employer, Raphael Perez, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1433870, citation number 1, item number 1 and was affirmed as a final order on 01/30/2020, with respect to a workplace located at 2010 Silver Linden Drive Tipp City, OH 45371.