OSHA Inspection: NIERODA CONSTRUCTION INCORPORATED

Issued

Feb 8, 2023

Abate by

Mar 28, 2023

Penalty

Initial $413 · Current $413

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.   a.  On or about July 26, 2022, at the above addressed jobsite, an employee had been provided fall protection training, however, the employer failed to keep a written certification record of the training.  Citation Number          Item Number           Abatement Date 0300112/07/2022

Issued

Nov 9, 2022

Abate by

Dec 7, 2022

Penalty

Initial $4,786 · Current $4,786

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  a.  On or about July 26, 2022, at the above addressed jobsite, the employer failed to ensure that an employee required to operate a Genie GTH-844 Telehandler was adequately trained as demonstrated by the successful completion of a training and evaluation program.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $4,786 · Current $4,786

General-duty citation text

29 CFR  1926.451(g)(1)(vi): Each employee performing overhand bricklaying operations from a supported scaffold was not protected from falling from all open sides and ends of the scaffold (except at the side next to the wall being laid) by the use of a personal fall arrest system or guardrail system (with minimum 200 pound toprail capacity).   a.  On or about July 26, 2022, at the above addressed jobsite, an employee performing overhand bricklaying operations from a tubular welded frame scaffold, approximately nineteen (19) feet above a lower level, was not protected from falling from the end of the scaffold, thereby exposing the employee to fall hazards.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $4,786 · Current $4,786

General-duty citation text

29 CFR  1926.602(c)(1)(ii): Modifications or additions affecting the safe operation of the equipment were  made without the manufacturer's written approval:  a.  On or about July 26, 2022, at the above addressed jobsite, an employee was exposed to struck-by hazards while lifting rebar by the direct placement of rigging equipment (i.e., sling) onto the tines of a Genie GTH-844 Telehandler for a below-the-tines lift, which could affect the capacity and/or safe operation of the truck.  The employer did not receive written approval from the manufacturer of the Telehandler before using the sling.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $2,735 · Current $2,735

General-duty citation text

29 CFR  1926.1052(c)(1): Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, were not equipped with at least one handrail and one stairrail system along each unprotected side or edge:  a.  On or about July 26, 2022, at the above addressed jobsite, the stairway the employees used  to gain access to the upper level was not equipped with at least one handrail and one stairrail system along each unprotected side, thereby exposing employees to slips, trips, and fall hazards.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $4,102 · Current $4,102

General-duty citation text

29 CFR  1926.1053(b)(1):  Where (a) portable ladder(s) was/were used for access to an upper level landing surface and the ladder's length did not allow the ladder side rails to extend at least 3 feet (0.9 m) above the upper landing surface being accessed, the ladder was not secured at its top to a rigid support that will not deflect, and/or a grasping device was not provided to assist employees in mounting and dismounting the ladder.  a.  On or about July 26, 2022, at the above addressed jobsite, the portable ladder the employees used to gain access to the building did not extended at least three (3) feet above the upper landing surface, was not secured at its top, and was not provided with a grasping device, thereby exposing employees to fall hazards.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(6): Ladders were used on surfaces which were not stable and level:  a. On or about July 26, 2022, at the above addressed jobsite, the portable ladder the employees used to gain access to the building was not set up on a stable and level surface, thereby exposing employees to fall hazards.

Issued

Nov 9, 2022

Penalty

Initial $4,102 · Current $4,102

General-duty citation text

29 CFR  1926.1053(b)(20): Employees did not face the ladder when ascending or descending the ladder:  a.  On or about July 26, 2022, at the above addressed jobsite, an employee did not face the ladder while descending the ladder, thereby exposing the employee to fall hazards.

Issued

Nov 9, 2022

Abate by

Nov 16, 2022

Penalty

Initial $9,571 · Current $9,571

General-duty citation text

29 CFR  1926.501(b)(1): Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.  a.  On or about July 26, 2022, at the above addressed jobsite, an employee moving material near an unprotected edge, approximately twenty-eight (28) feet above ground, was not protected from falls, thereby exposing the employee to fall hazards.  Nieroda Construction Incorporated was previously cited for a violation of an equivalent occupational safety and health standard, 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1562220, citation number 1, item number 1, and was affirmed as a final order on February 17, 2022, with respect to a workplace located at 3250 N. Racine Ave. in Chicago, Illinois.

Issued

Nov 9, 2022

Abate by

Dec 7, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1): The employer did not verify compliance with paragraph (a) of this section by preparing a written (training) certification record including 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.  a.  On or about July 26, 2022, at the above addressed jobsite, an employee had been provided fall protection training, however, the employer failed to keep a written certification record of the training.