OSHA Inspection: ABEL CUNYAS CABRERA

Issued

Sep 26, 2022

Penalty

Initial $79,765 · Current $79,765

General-duty citation text

29 CFR 1926.501(b)(13): The employer, Abel Cunyas Cabrera dba Ash Construction, is failing to ensure that each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501(b). The following is a recently observed, specific example of the employer failing to comply with the cited standard:  (a) On August 26th, 2022, and at times prior, where the employer does not require the use of any form of fall protection during roofing work. This violation was most recently observed at 408 South Washington St., Bismarck, North Dakota, where employees were not protected from fall hazards of up to 21 feet 2 inches to ground while employees were installing roofing shingles. To abate this violation, the employer must ensure that its employees performing roofing work are protected from falls, and that no employee is allowed onto a roof more than six feet high without adequate fall protection.  Note: This company was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, which was contained in OSHA Inspection Number 1459366, Citation 1, Item 1, and was affirmed as a final order on March 12, 2020, with respect to a workplace located at or near Burleigh Avenue & Kingsford Drive in Bismarck, North Dakota.  Note: This company was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard which was contained in OSHA Inspection Number 1506324 Citation 1, Item 1, and was affirmed as a final order on March 26, 2021, with respect to a workplace located at or near at or near 215 South First Street in Bismarck, North Dakota.  Abatement Note: To abate this violation, the employer must ensure that its employees are protected from fall hazards by ensuring that fall protection systems are provided. Methods of abatement include: the use of guardrail systems, personal fall arrest systems, or safety net systems.