OSHA Inspection: JOSE LUIS FELIX ORDONEZ

Issued

Jan 7, 2022

Abate by

Feb 7, 2022

Penalty

Initial $361 · Current $361

General-duty citation text

29 CFR  1903.19(c)(1):Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.  Jose Luis Felix Ordonez did not certify to the Appleton Area Office that abatement measures had been completed for the hazards outlined in Citations 1-1, 2-1, and 3-1 of this inspection which covers the use of eye protection and fall protection training, respectively.

Issued

Jan 7, 2022

Abate by

Feb 7, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1903.19(d)(1):The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  Jose Luis Felix Ordonez did not provide the Appleton Area Office with documentation which demonstrated abatement for citation 2-1 and 3-1 of this inspection which covers employees working at heights without fall protection and fall protection training.

Issued

Sep 10, 2021

Abate by

Oct 8, 2021

Penalty

Initial $3,218 · Current $3,218

General-duty citation text

29 CFR  1926.102(a)(1):The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  On or about August 19, 2021, employees of Jose Luis Felix Ordonez where operating pneumatic nail guns to apply asphalt shingles on a new residential roof and were not supplied with any form of eye protection to protect them from misfired nails or debris from the asphalt shingles.

Issued

Sep 10, 2021

Abate by

Oct 8, 2021

Penalty

Initial $9,011 · Current $9,011

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.  On or about August 19, 2021, employees of Jose Luis Felix Ordonez dba Jose Felix were exposed to falls of greater than 11 feet while conducting roofing activities on a new residential construction located at the intersection of Osprey Drive and Bald Eagle Drive, Appleton, WI 54913 without any form of fall protection.   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.  Jose Luis Felix Ordonez dba Jose Felix was previously cited for a violation of an equivalent occupational safety and health standard (1926.501(b)(11)), which was contained in OSHA inspection number 1512326, citation number 1, item number 1/a and was affirmed as a final order on May 14, 2021, with respect to a workplace located at N7287 Round Lake Road, Brillion, WI 54110.

Issued

Sep 10, 2021

Abate by

Oct 8, 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 August 19, 2021, employees of Jose Luis Felix Ordonez, dba Jose Felix, were exposed to potential fall hazards while conducting roofing activities on a new construction in north Appleton, WI. The employees conducting the roofing activity had received training but the company had not documented any of the training that had been completed for the employees.