OSHA Inspection: GERSON ZOROASTRO ZONIGA-MUNOZ

Issued

Feb 16, 2023

Abate by

Mar 17, 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.  The employer failed to provide abatement certification for violations issued on November 29, 2022.

Issued

Nov 29, 2022

Penalty

Initial $3,108 · Current $3,108

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 November 1, 2022, at an establishment located at 707 Elm Street in Neenah, Wisconsin, employees of Gerson Zoroastro Zoniga-Munoz were performing residential roofing activities with no form of conventional fall protection while exposed to falls of over 7 feet 10 inches.

Issued

Nov 29, 2022

Abate by

Dec 28, 2022

Penalty

Initial $3,108 · Current $3,108

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 November 1, 2022, at an establishment located at 707 Elm Street in Neenah, Wisconsin, employees of Gerson Zoroastro Zoniga-Munoz were performing residential roofing activities without receiving training on fall hazards while exposed to fall distances of over 7 feet 10 inches.

Issued

Nov 29, 2022

Abate by

Dec 28, 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 November 1, 2022, at an establishment located at 707 Elm Street in Neenah, Wisconsin, employees of Gerson Zoroastro Zoniga-Munoz were performing residential roofing activities without receiving training on the hazards associated with ladders.

Issued

Nov 29, 2022

Penalty

Initial $3,108 · Current $3,108

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 November 1, 2022, at an establishment located at 707 Elm Street in Neenah, Wisconsin, employees of Gerson Zoroastro Zoniga-Munoz were utilizing multi-position ladders that were not extended 3 feet above the upper landing surface.