OSHA Inspection: SAUL GARCIA

Issued

Mar 3, 2023

Abate by

Apr 7, 2023

Penalty

Initial $376 · Current $376

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. In regards to citation 1, item 1, issued on December 13, 2022, the employer has failed to submit abatement certification within ten days of the abatement date, January 17, 2023.  The violation read as follows:  29 CFR  1926.20(b)(1):It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.  a) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022, the employer did not ensure that accident prevention programs were in place and site safety was enforced at the job site.  Framers were installing sheathing and other materials on the roof of a two-story residential home using pneumatic nail guns at heights exceeding 26 feet.  Accident prevention programs were not in place to ensure that personal protective equipment and fall protection were being used thereby exposing employees to struck-by hazards and falls exceeding 26 feet.  b. In regards to citation 1, item 2, issued on December 13, 2022, the employer has failed to submit abatement certification within ten days of the abatement date, January 17, 2023.  The violation read as follows:  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) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022, the employer did not ensure that framers using pneumatic nail guns to install sheathing and other framing pieces were utilizing eye protection thereby exposing employees to struck-by hazards to the eyes.

Issued

Mar 3, 2023

Abate by

Apr 7, 2023

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:  a. In regards to citation 1, item 1, issued on December 13, 2022, the employer has failed to submit abatement certification and documentation within ten days of the abatement date, January 17, 2023.  The violation read as follows:     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.   a) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022,  the employer did not ensure that employees engaged in residential construction activities 6 feet or more above lower level were protected from falls. Framers were installing sheathing and other materials on the roof of a two-story residential home at heights exceeding 26 feet without utilizing any form of fall protection which exposed the employees to falls of more than 26 feet.

Issued

Dec 13, 2022

Abate by

Jan 17, 2023

Penalty

Initial $3,108 · Current $3,108

General-duty citation text

29 CFR  1926.20(b)(1):It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part.  a) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022, the employer did not ensure that accident prevention programs were in place and site safety was enforced at the job site.  Framers were installing sheathing and other materials on the roof of a two-story residential home using pneumatic nail guns at heights exceeding 26 feet.  Accident prevention programs were not in place to ensure that personal protective equipment and fall protection were being used thereby exposing employees to struck-by hazards and falls exceeding 26 feet.

Issued

Dec 13, 2022

Abate by

Jan 17, 2023

Penalty

Initial $2,486 · Current $2,486

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) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022, the employer did not ensure that framers using pneumatic nail guns to install sheathing and other framing pieces were utilizing eye protection thereby exposing employees to struck-by hazards to the eyes.

Issued

Dec 13, 2022

Abate by

Jan 17, 2023

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.   a) Saul Garcia located at 1261 Portrush Road, Lot 77, Sunbury, OH 43074:  On and preceding October 18, 2022,  the employer did not ensure that employees engaged in residential construction activities 6 feet or more above lower level were protected from falls. Framers were installing sheathing and other materials on the roof of a two-story residential home at heights exceeding 26 feet without utilizing any form of fall protection which exposed the employees to falls of more than 26 feet.