OSHA Inspection: JOSE ALFREDO AVILA PENA DBA AVILA CONSTRUCTION

Issued

2020-06-01 00:00:00

Abate by

2020-07-17 00:00:00

Penalty

Initial $4453.00 · Current $3117.00 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): (Accident prevention responsibilities.) Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.    On March 9, 2020, located at a commercial roof structure, there were no frequent and regular inspections being performed by a competent person in that employees: were utilizing a rope end, tied around a second level interior wall stud, as an anchorage for one employee's personal fall arrest system (PFAS); were utilizing a rope end, with an energy absorber tied around a second level interior wall stud and hooked back onto the rope, as an anchorage for another employee's PFAS; were utilizing a rope that did not have friction relief, as part of a PFAS, that crossed over the edges of roof plywood sheeting and terminated at the second level inside the house structure; were not tied off to an anchorage capable of supporting 5,000 pounds or while performing framing work on the roof structure; were using an extension cord, with a damaged outer jacket at the male connector end, to power hand tools; and were using an extension cord, with a 2 inch section repaired with electrical tape at the male connector end, to power hand tools.

Issued

2020-06-01 00:00:00

Abate by

2020-07-17 00:00:00

Penalty

Initial $1908.00 · Current $1336.00 Reduced

General-duty citation text

29 CFR 1926.503(b)(1): (Certification of training.) The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.    The employer did not have written certification of fall protection training for two employees who were performing framing work while not utilizing an effective fall protection system and exposed to potential fall heights of 21'8" (roof gable) and greater than 25 feet (roof peak) above ground level.

Issued

2020-06-01 00:00:00

Abate by

2020-07-17 00:00:00

Penalty

Initial $8906.00 · Current $6234.00 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 March 9, 2020, located on the south side of a residential roof structure, employees were performing framing work without utilizing an effective fall protection system at potential fall heights of 21'8" (gable) and greater than 25 feet (roof peak) above ground level.    Jose Alfredo Avila Pena 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 1334939, citation number 1, item number 1 and was affirmed as a final order on 10/31/2018, with respect to a workplace located at 4252 Highland Green Dr., Mason OH 45040.