OSHA Inspection: LUPE OLEUAN

Issued

Apr 2, 2021

Penalty

Initial $4,096 · Current $4,096

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.   On or about March 19, 2021, at a jobsite located at 1091 Island Estates Court in Oshkosh, Wisconsin, six employees were exposed to fall hazards greater than 10 feet without being protected by a conventional form of fall protection while shingling the roof of a new two-story house.  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.

Issued

Apr 2, 2021

Abate by

Apr 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.503(b)(1): 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.  On or about March 19, 2021, the employer could not provide written certification that employees had been trained on the hazards of falling and the procedures to follow in order to minimize the hazards.