OSHA Inspection: JIMMY BARAHONA-AVILA

Issued

Dec 9, 2022

Abate by

Jan 10, 2023

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 certification of abatement for citations issued on September 15, 2022, with regards to citation 1 item 2b to provide a training program to employees exposed for fall hazards..

Issued

Sep 15, 2022

Penalty

Initial $3,729 · Current $1,865 Reduced

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.  On or about September 8, 2022, at an establishment located at 320 East Apple Creek Road in Appleton, Wisconsin, employees of Jimmy Barahona-Avila were utilizing pneumatic nail guns with no form of eye protection exposing being exposed to flying particles entering the eyes.

Issued

Sep 15, 2022

Penalty

Initial $4,351 · Current $2,176 Reduced

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 September 8, 2022, at an establishment located at 320 East Apple Creek Road in Appleton, Wisconsin, employees of Jimmy Barahona were performing residential roofing activities with no form of conventional fall protection while exposed to falls of over 10 feet.

Issued

Sep 15, 2022

Abate by

Oct 14, 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 September 8, 2022, at an establishment located at 320 East Apple Creek Road in Appleton, Wisconsin, employees of Jimmy Barahona-Avila were performing residential roofing activities having not been trained on the hazards associated with falls while exposed to falls of over 10 feet.