OSHA Inspection: ALBERTO MONTIEL

Issued

Nov 9, 2022

Abate by

Dec 9, 2022

Penalty

Initial $349 · Current $349

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.  The employer failed to provide abatement certification for the citation issued on July 29, 2022 related to fall protection training.

Issued

Nov 9, 2022

Abate by

Dec 9, 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.  The employer failed to provide abatement documentation for the citation issued on July 29, 2022 related to fall protection training.

Issued

Jul 29, 2022

Penalty

Initial $4,351 · Current $4,351

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.  On or about April 26, 2022, at a jobsite located at 1721 Midway Road Appleton, WI, four employees, replacing the shingles on the roof of an existing two-story residence, were exposed to fall hazards of approximately 9.5 feet  to a hard surface without being protected by a conventional form of fall protection.

Issued

Jul 29, 2022

Abate by

Aug 26, 2022

Penalty

Initial $0 · Current $0

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.  On or about April 26, 2022, at a jobsite located at 1721 Midway Road Appleton, WI, the employer did not provide required fall protection safety training for employees exposed to fall hazards greater than six feet while re-roofing a two-story multi-family residence.

Issued

Jul 29, 2022

Penalty

Initial $4,351 · Current $4,351

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 26, 2022, at a jobsite located at 1721 Midway Road Appleton, WI, four employees, replacing the shingles on the roof of an existing two-story, multi-family residence, were using a fiberglass extension ladder with side rails that did not extend at least three feet above the upper landing surface when accessing the upper landing surface.