OSHA Inspection: SERAFIN RIVERA

Issued

2020-09-25 00:00:00

Abate by

2020-10-22 00:00:00

Penalty

Initial $2892.00 · Current $2892.00

General-duty citation text

29 CFR 1926.20(b)(1): The employer did not initiate and maintain programs necessary to ensure compliance with the Occupational Safety and Health Standards:             (a)Serafin Rivera at 7310 West 41st Street, Sioux Falls, SD 57106: On or about and at times prior to April 27, 2020, the exposing employer did not ensure a safety and health program was developed when employees were exposed to such hazards as falls from elevation, eye injuries, and being struck-by tools and materials. The condition exposed employees to a fall hazard of approximately 12 feet as well as struck-by hazards.  Abatement Note: A complete safety and health program includes the following elements:     (1)       Management Commitment and Leadership  (a)       Policy Statement: goals established, issued, and communicated to employees.  (b)       Program reviewed annually.  (c)       Participation in safety meetings, inspections; agenda item in meetings.  (d)       Safety rules and procedures incorporated into site operations.     (2)       Assignment of responsibility  (a)       Safety designee on site, knowledgeable and accountable.  (b)       Supervisor's (including foremen) safety and health responsibilities understood.  (c)       Employee adherence to safety rules.     (3)       Identification and Control of Hazards  (a)       Periodic site inspection program involving supervisors.  (b)       Preventative controls in place (PPE, maintenance, engineering controls).  (c)       Action taken to address hazards.  (d)       Safety committee, where appropriate.  (e)       Technical reference materials available.     (4)       Training and Education  (a)       Supervisors receive basic safety and health training.  (b)       Specialized training taken when needed.  (c)       Existence of an employee training program, which is ongoing and effective.     (5)       Recordkeeping and Hazard Analysis  (a)       Records maintained of employee illnesses/injuries and posted.  (b)       Supervisors perform accident investigations, determine causes, propose, corrective action.     (6)       First Aid and Medical Assistance  (a)       First aid supplies and medical services available.  (b)       Employees informed of medical results.  (c)       Emergency procedures and training, where necessary

Issued

2020-09-25 00:00:00

Abate by

2020-10-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.20(b)(2): The employer did not provide for frequent and regular inspections of the job sites, materials, and equipment or ensure inspections were made by competent persons designated by the employers:   (a)Serafin Rivera at 7310 West 41st Street, Sioux Falls, SD 57106: On or about and at times prior to April 27, 2020, the exposing employer did not ensure an accident prevention program was developed and implemented for the work environment to include regular inspections of the job-site, materials, and equipment; conducted by a competent person. Employees were exposed to fall hazards, eye injuries, and struck-by hazards.    Abatement Note: OSHA defines a "competent" person as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Issued

2020-09-25 00:00:00

Abate by

2020-10-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.503(a)(1): The employer did not provide a training program for each employee potentially exposed to fall hazards to enable each employee to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards:   (a)Serafin Rivera, at 7310 West 41st Street, Sioux Falls, SD 57106: On or about and at times prior to April 27, 2020, the exposing employer did not ensure that each employee engaged in roofing operations on commercial building recognized the hazards associated with working at elevations over 6 feet. The employees had not received training to identify fall hazards. Six employees were observed engaged in re-roofing a commercial building without the use of a fall protection system. This condition exposed employees to fall hazards in excess of 12 feet to concrete and debris below.  Abatement Note: 1. The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the following areas:     (a) The nature of the fall hazards in the work area.     (b) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection system used.     (c) Use of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used.     (d) The role of each employee in the safety system used.     (e) The limitations of each safety system when performing work on low and steep sloped roofs.     (f) The correct handling and storage procedures for equipment and materials.     (g) The employees role in fall protection plans.     (h) The standards that govern fall protection and fall protection systems.  2. Certification of training is required to be in writing including the identity of employee, date trained, and signature of employee.  Most current training documentation shall be maintained.  3. Circumstances where retraining is required include, but are not limited to, situations where:     (a) Changes in the workplace render previous training obsolete.     (b) Changes in the types of fall protection systems or equipment to be used render previous training obsolete.     (c) Inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill.

Issued

2020-09-25 00:00:00

Abate by

2020-10-22 00:00:00

Penalty

Initial $2313.00 · Current $2313.00

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  (a)Serafin Rivera at 7310 West 41st Street, Sioux Falls, SD 57106: On or about and at times prior to April 27, 2020, the exposing employer did not ensure that each employee engaged in re-roofing operations on a commercial building was protected from eye and face injury from flying debris while using pneumatic nail guns. This condition exposed employees to hazard of eye injury.

Issued

2020-09-25 00:00:00

Abate by

2020-10-22 00:00:00

Penalty

Initial $2313.00 · Current $2313.00

General-duty citation text

29 CFR 1926.501(b)(11): Each employee on a steep roof with unprotected sides and edges 6 feet (1.8 m) or more above lower levels was not protected from falling by guardrail systems with toeboards, safety net systems, or personal fall arrest systems:    (a)Serafin Rivera at 7310 West 41st Street, Sioux Falls, SD 57106: On or about and at times prior to April 27, 2020, the exposing employer did not ensure that each employee engaged in re-roofing operations on a commercial building was protected from injury in that, employees were re-roofing without using a fall protection system. This condition exposed seven employees to fall hazards of 12 feet or more to the concrete below.