OSHA Inspection: ISMAEL NOLASCO CHILEL

Issued

Oct 21, 2020

Abate by

Nov 17, 2020

Penalty

Initial $2,313 · Current $1,388 Reduced

General-duty citation text

29 CFR 1926.602(d): The employer did not ensure that each employee operating a powered industrial vehicle had been trained and evaluated as required by paragraph 29 CFR 1910.178(l): Note: The requirements applicable to construction work under paragraph (d) of this section are identical to those set forth at paragraph (l) of 29 CFR 1910.178and as referenced by the note contained in 1926.602(d).  New townhome construction located on Lots #26 to #30, Rear side: On or about 10/08/2020, the employer exposed employees to struck-by hazards, in that employees were operating a JLG 10054 All-Terrain Forklift Truck without first receiving training and certifications to operate this equipment. Uncertified operators were in close proximity to others engaged in framing activities on walking working surfaces, the ground and on ladders.

Issued

Oct 21, 2020

Penalty

Initial $2,892 · Current $1,735 Reduced

General-duty citation text

29 CFR 1926.1053(b)(9): The area around the top and bottom of ladders was not kept clear:  New townhome construction located on Lot #26, Rear side: On or about 10/08/2020, the employer exposed employees to fall hazards of approximately 26-feet to the lower level, in that the top of the ladder was not kept clear of obstructions and/or materials while accessing upper and lower levels. The forklift operator placed 2x4 materials in close proximity to the top of the ladder making it difficult to descend from the third level.

Issued

Oct 21, 2020

Penalty

Initial $11,567 · Current $6,940 Reduced

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles.   New townhome construction located on Lot #26, Third level top plate: On or about 10/08/2020, the employer exposed employees to struck-by hazards while operating pneumatic framing nail guns, in that protective eyewear was not provided to employees using these tools at 150 PSI while engaged in framing activities.  Ismael Nolasco Chilel dba Chilel Construction, LLC was previously cited for a repeat violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.102(a)(1), which was contained in OSHA inspection number 1285698, citation number 2, item number 1 and was affirmed as a final order on 03/27/2018, with respect to a workplace located at Lot #41, 50 Lakeland Drive, NE, Atlanta, GA 30305.

Issued

Oct 21, 2020

Abate by

Nov 2, 2020

Penalty

Initial $20,241 · Current $12,145 Reduced

General-duty citation text

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m)  or more above lower levels was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501(b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502:   (a) New townhome construction located on Lot #29, Third level: On or about 10/08/2020, the employer exposed employees to falls of 23-feet to the lower level, in that a fall protection system was not provided to employees engaged in fire wall-board installation in between Lots 28 and 29.  (b) New townhome construction located on Lot #28, Third level top plate: On or about 10/08/2020, the employer exposed employees to falls of 31-feet, 8-inches to the lower level, in that a fall protection system was not provided to employees engaged in framing activities from the top plates.   (c) New townhome construction located on Lot #26, third level top plate: On or about 10/08/2020, the employer exposed employees to falls of approximately 31-feet, 8-inches to the lower level, in that a fall protection system was not provided to employees engaged in framing activities.   Ismael Nolasco Chilel dba Chilel Construction, LLC was previously cited for a repeat 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 1285698 , citation number 2, item number 2 and was affirmed as a final order on (date), with respect to a workplace located at Lot #41, 50 Lakeland Drive, NE, Atlanta, GA 30305.