OSHA Inspection: MARLEY FRAMING LLC

Issued

Aug 20, 2021

Penalty

Initial $7,022 · Current $3,510 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.  At a worksite located on or near Lot 28 on North Osprey Drive in Appleton, Wisconsin:  a) On or about July 14, 2021, an employee was standing on the top plate of a wall, approximately nine feet above the ground, while guiding and securing trusses without utilizing fall protection equipment.  The Marley Framing LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 1496351, citation number 1, item number 2a, and was affirmed as a final order on December 7, 2021, with respect to a workplace located at 2223 E. Bald Eagle Drive in Appleton, Wisconsin.

Issued

Aug 20, 2021

Penalty

Initial $2,341 · Current $1,170 Reduced

General-duty citation text

29 CFR 1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed.  At a worksite located on or near Lot 28 on North Osprey Drive in Appleton, Wisconsin:  a) On or about July 14, 2021, an employee used a Werner eight-foot folding stepladder without the legs fully opened and the spreaders locked to access an elevated position on the front entrance on a new residential construction.

Issued

Aug 20, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired.  At a worksite located on or near Lot 28 on North Osprey Drive in Appleton, Wisconsin:  a) On or about July 14, 2021, the employer had not removed from service, or marked in a manner that readily identified, a Werner 8-foot portable A-frame stepladder with a split rail as defective until it could be repaired.