OSHA Inspection: AGUSTIN CONSTRUCTION, LLC

Issued

Dec 30, 2020

Abate by

Jan 20, 2021

Penalty

Initial $4,048 · Current $1,571 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.  a) On or about 10/07/2020 there was no frequent and regular inspection program being maintained in use by a competent person to ensure the job site, material and equipment; such as fall protection systems was being utilized.

Issued

Dec 30, 2020

Abate by

Jan 20, 2021

Penalty

Initial $4,048 · Current $0 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.   a)     On or about 10/07/2020 employees were framing the second level of a new residential structure. Employees were not utilizing fall protection system. The height of the fall hazard was measured at 11.2 ft. from the ground.

Issued

Dec 30, 2020

Abate by

Jan 20, 2021

Penalty

Initial $2,892 · Current $0 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.  a) On or about October 07, 2020 The employer did not have written certification of fall protection training for all of his employees performing framing work while not utilizing a fall protection system and exposed to potential fall heights of 11.2 ft. above ground level.

Issued

Dec 30, 2020

Penalty

Initial $4,048 · Current $1,571 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): Use. The following requirements apply to the use of all ladders, including job-made ladders, except as otherwise indicated: 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 10/07/2020 employees were accessing and exiting the second level structure of a new residential property by utilizing an extension ladder. The extension ladder did not extended at least 3 feet above the upper landing.