OSHA Inspection: JIMMY BARAHONA-AVILA

Issued

Dec 28, 2022

Abate by

Jan 27, 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 did not provide abatement certification for an citations issued on October 27, 2022.

Issued

Dec 28, 2022

Abate by

Jan 27, 2023

Penalty

Initial $349 · Current $349

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.  The employer did not provide abatement documentation for citations issued on October 27, 2022.

Issued

Oct 27, 2022

Abate by

Dec 5, 2022

Penalty

Initial $3,108 · Current $1,554 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 October 19, 2022, at an establishment located at N2475 Sally Court in Greenville, Wisconsin, employees of Jimmy Barahona-Avila were installing asphalt shingles with no form of eye protection while being exposed to flying debris and particles entering the eyes.

Issued

Oct 27, 2022

Penalty

Initial $3,729 · Current $1,865 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 October 19, 2022, at an establishment located at N2475 Sally Court in Greenville, Wisconsin, employees of Jimmy Barahona-Avila were performing residential roofing activities with no form of conventional fall protection while exposed to falls of over 9 feet.

Issued

Oct 27, 2022

Abate by

Dec 5, 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 October 19, 2022, at an establishment located at N2475 Sally Court in Greenville, Wisconsin, employees of Jimmy Barahona-Avila were performing residential roofing activities having not received fall protection training while exposed to falls of over 9 feet.

Issued

Oct 27, 2022

Abate by

Dec 5, 2022

Penalty

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

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.  On or about October 19, 2022, at an establishment located at N2475 Sally Court in Greenville, Wisconsin, employees of Jimmy Barahona-Avila were utilizing ladders that were not extended 3 feet above the upper landing surface while exposed to falls of over 9 feet.

Issued

Oct 27, 2022

Abate by

Dec 5, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1060(a): The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards.  On or about October 19, 2022, at an establishment located at N2475 Sally Court in Greenville, Wisconsin, employees of Jimmy Barahona-Avila were utilizing ladders having not received any ladder training to recognize and minimize the hazards associated with ladders while exposed to falls of over 9 feet.