OSHA Inspection: BACILIO RIOS

Issued

Dec 14, 2022

Abate by

Jan 13, 2023

Penalty

Initial $384 · Current $384

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.  The employer did not provide abatement certification and documentation as required for citations issued on October 4, 2022.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $11,167 · Current $11,167

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 April 6, 2022, at a residential re-roofing project located at 5238 Prospect Ave, Appleton, Wisconsin, employees of Bacilio Rios dba Rios Roofing were observed using pneumatic nails guns to attach asphalt shingles and were not wearing eye protection while exposed to potential flying particles.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $9,572 · Current $9,572

General-duty citation text

29 CFR  1926.1053(b)(5)(i):  Non-self-supporting ladders shall be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support).  On or about April 6, 2022, with respect to a jobsite located at 5238 Prospect Ave, Appleton, WI 54914, employees climbed a Werner Model MT-22 multi-Position ladder and a Keller Model 5124 extension ladder to access an elevated worksite. The feet of the ladders extended approximately 6 feet 6 inches from the top support exposing employees to potential fall hazards of 8 feet 5 inches.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $9,572 · Current $9,572

General-duty citation text

29 CFR  1926.1060(a):  The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards.  On or about April 6, 2022, with respect to a jobsite located at 5238 Prospect Ave, Appleton, WI 54914, employees were not trained in the safe usage of ladders prior to using a Werner Model MT-22 multi-Position ladder and a Keller Model 5124 Extension ladder to access an elevated worksite and were exposed to potential fall hazards of 8 feet 5 inches.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $111,671 · Current $111,671

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.  Bacilio Rios Roofing dba Rios Roofing does not require the use of fall protection during roofing operations. This violation was most recently observed on April 6, 2022, at a residential re-roofing project located at 5238 Prospect Ave, Appleton, Wisconsin. Employees were exposed to falls hazards of  8 feet 5 inches to a maximum of approximately 18 feet while installing new asphalt shingles without any form of fall protection.   Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1425187, citation number 1, item number 1 and was affirmed as a final order on January 28, 2020, with respect to a workplace located at 2122 North Main Street, Oshkosh, WI 54901.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1304686, citation number 1, item number 1 and was affirmed as a final order on October 24, 2018, with respect to a workplace located at West 4549 Highway 10, Menasha, WI 54952.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1051242, citation number 1, item number 1 and was affirmed as a final order on September 29, 2016, with respect to a workplace located at 1808 West Pine Street, Appleton, WI 54914.  Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 987644, citation number 1, item number 1 and was affirmed as a final order on April 13, 2015, with respect to a workplace located at 304 Gregory Lane, Neenah, WI 54956.  Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 948141, citation number 2, item number 1 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 534 East South River Street, Appleton, WI 54915.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 943803, citation number 1, item number 1 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 833 North 19th Street, Manitowoc, WI 54221.  Bacilio Rios Roofing was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 107030, citation number 1, item number 2 and was affirmed as a final order on February 12, 2012, with respect to a workplace located at 1619 Greenwood Road, Greenville, WI 54942.  Bacilio Rios Roofing was previously cited for a Serious violation of this occupational safety and health standard, which was contained in OSHA inspection number 312552151, citation number 1, item number 1 and was affirmed as a final order on September 21, 2009, with respect to a workplace located at 7849 Edgewater Court, Sherwood, WI 54169.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $111,671 · Current $111,671

General-duty citation text

29 CFR  1926.503(a)(1):  The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.  Bacilio Rios Roofing dba Rios Roofing does not conduct fall protection training with employees prior to roofing operations where they are exposed to fall hazards. This violation was most recently observed on April 6, 2022, at a residential re-roofing project located at 5238 Prospect Ave, Appleton, Wisconsin. The employer had not completed training with the four employees onsite prior to exposing them to fall hazards.   Kimberly A. Rios was previously cited for a Repeat violation of equivalent Occupational Safety and Health Standard (1926.503(a)(2)(viii)), which was contained in OSHA inspection number 948141, citation number 3, item number 2 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 534 East South River Street, Appleton, WI 54915.  Bacilio Rios Roofing was previously cited for a Serious violation of equivalent Occupational Safety and Health Standard (1926.503(a)(2)(iii)), which was contained in OSHA inspection number 312552151, citation number 1, item number 1, group B, and was affirmed as a final order on September 21, 2009, with respect to a workplace located at 7849 Edgewater Court, Sherwood, WI 54169.

Issued

Oct 4, 2022

Abate by

Nov 2, 2022

Penalty

Initial $47,859 · Current $47,859

General-duty citation text

29 CFR  1926.1053(b)(1):  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.  Bacilio Rios Roofing dba Rios Roofing does not require the ladders to be extended at least three feet above the landing surface of residential construction sites. This violation was most recently observed on April 6, 2022, at a residential reroofing project located at 5238 Prospect Ave, Appleton, Wisconsin. Employees conducting a re-roofing operation were using a Werner Model MT-22 multi-Position ladder and a Keller Model 5124 Extension ladder to access the working surface but neither ladder was extended beyond the eave edge.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1304686, citation number 1, item number 2 and was affirmed as a final order on October 24, 2018, with respect to a workplace located at West 4549 Highway 10, Menasha, WI 54952.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 987644, citation number 1, item number 2 and was affirmed as a final order on April 13, 2015, with respect to a workplace located at 304 Gregory Lane, Neenah, WI 54956.  Kimberly A. Rios Roofing was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 948141, citation number 3, item number 3 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 534 East South River Street, Appleton, WI 54915.  Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 943803, citation number 1, item number 2 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 833 North 19th Street Manitowoc, WI 54221.  Bacilio Rios Roofing was previously cited for a Serious violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 312552151, citation number 1, item number 2 and was affirmed as a final order on September 21, 2009, with respect to a workplace located at 7849 Edgewater Court, Sherwood, WI 54169.