OSHA Inspection: MARVIN MURCIA

Issued

Aug 23, 2022

Abate by

Sep 2, 2022

Penalty

Initial $3,419 · Current $3,419

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.  a.  On or about May 05, 2022, the employer failed to ensure that the ladder side rails extended at least three feet above the upper landing surface used to gain access to the second floor at the front window opening, two employees were therefore exposed to fall hazards as a result.

Issued

Aug 23, 2022

Abate by

Sep 2, 2022

Penalty

Initial $31,906 · Current $31,906

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.  The employer does not protect each employee from the hazard of falling by the use of fall protection systems.  The most recently occurred on May 05, 2022, at a new build residential subdivision located at Lot# JEV 991, 11600 Begonia Way, Plain City, Ohio. The employer failed to ensure that employees who were performing framing work from the second floor rafters of a new build residential home were protected from fall hazards while installing the front gable, thereby exposing them to a fall hazard from approximately 12 feet 3 inches.  Marvin Murcia was previously cited for a repeat-serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1482794, citation number 1, item number 1 and was affirmed as a final order on October 05, 2020, with respect to a workplace located at 957 Brushfield Road, Building #3 & #5, Galloway, Ohio 43119.  Marvin Murcia was previously cited for a repeat-serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1341070, citation number 2, item number 1 and was affirmed as a final order on October 10, 2018, with respect to a workplace located at 2581 Walcutt Road, Building #5, Hilliard, Ohio 43026.  Marvin Murcia was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1292934, citation number 1, item number 2 and was affirmed as a final order on April 20, 2018, with respect to a workplace located at 762 Waldron Street, Columbus, Ohio 43215.

Issued

Aug 23, 2022

Abate by

Sep 2, 2022

Penalty

Initial $9,571 · Current $9,571

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.  a.  On or about May 05, 2022, the employer failed to ensure that an employee was protected from flying debris to their eyes.  No eye protection was observed when the employee operated the circular saw and was therefore exposed to struck-by hazards as a result.  Marvin Murcia was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1292934, citation number 1, item number 1 and was affirmed as a final order on April 20, 2018, with respect to a workplace located at 762 Waldron Street, Columbus, Ohio 43215.