OSHA Inspection: ROGELIO MAGUELLAL RODRIGUEZ

Issued

Jul 1, 2022

Penalty

Initial $2,486 · Current $2,486

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.  On or about April 21, 2022, at a worksite located at 451 Green Haven Lane in Kaukauna, Wisconsin; employees utilized an extension ladder to egress the first story that did not extend at least three feet above the landing surface, exposing employees to a fall hazard.

Issued

Jul 1, 2022

Abate by

Aug 1, 2022

Penalty

Initial $8,701 · Current $8,701

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 April 21, 2022 at a work site located at 451 Green Haven Lane, Kaukauna, WI 5 employees were exposed to fall hazards of approximately nine feet.   Rogelio Maguellal Rodriguez was previously cited for a violation of this occupational safety and health standard or its equivalent standard (29 CFR 1926.501(b)(13)), which was contained in OSHA inspection number 1517364, citation number 1, item number 1/a  and was affirmed as a final order on April 29, 2021, with respect to a jobsite located at 2642 Orion Trail in Bellevue, Wisconsin.  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.