OSHA Inspection: OSCAR GARDUNO RUBIO

Issued

Jun 14, 2023

Abate by

Jun 27, 2023

Penalty

Initial $413 · Current $413

General-duty citation text

29 CFR  1903.19(c)(1):The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  a)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 1, Item 1 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023. b)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 1, Item 2 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023. c)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 1, Item 3 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023. d)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 2, Item 1 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023. e)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 3, Item 1 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023. f)   On or about March 16, 2023; verification of abatement: The employer failed to provide verification of abatement of Citation 3, Item 2 from inspection 1633049 which was issued on January 26, 2023 and had a final contest date of March 15, 2023.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $2,947 · Current $2,947

General-duty citation text

29 CFR  1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  a) At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 08, 2022 and at times prior thereto, employees were allowed to work without head protection, passing up 4 foot by 8 foot sheets of roof sheathing to an employee on the roof, exposing the ground person to struck-by hazards.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $3,683 · Current $3,683

General-duty citation text

29 CFR  1926.304(d): When the tool was withdrawn from the work, the lower guard did not automatically and instantly return to the covering position:  a) At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 08, 2022 and at times prior thereto, an employee was allowed to modify the lower guard on a Makita circular saw so that it did not return immediately to the covering position when it was withdrawn from the work, exposing the employee to amputation hazards.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $2,947 · Current $2,947

General-duty citation text

29 CFR  1926.1053(b)(4): Ladder(s) were used for purposes other than the purpose for which they were designed:  a) At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 08, 2022 and at times prior thereto, employees were allowed to use a step ladder in its folded position to access the third story of a home being built from its second story, exposing the employees to fall hazards.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $34,377 · Current $34,377

General-duty citation text

29 CFR 1926.501(b)(13): Employees performing roofing work are not protected from fall hazards the use of a fall protection system:   a) The employer fails to ensure effective protection against falls as required by the standard, as demonstrated on or about November 08, 2022, at 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama when employees performing roofing activities on a high slope roof, without the use of conventional fall protection, were exposed to a fall hazard of up to 11 feet 11 inches to the ground below.    b) The employer fails to ensure effective protection against falls as required by the standard, as demonstrated on or about  November 08, 2022, at 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama  when employees performing framing and roofing activities on a high slope roof, without the use of conventional fall protection, were exposed to a fall hazard of up to 21 feet 11 inches to the ground below.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $10,313 · Current $10,313

General-duty citation text

29 CFR 1926.102(a)(1): Eye and face protective equipment were not used when machines or operations presented potential eye or face injury from physical agents:  a)  At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 08, 2022 and at times prior thereto, the employer allowed his employees to operate pneumatic nail guns without eye protection while performing roof decking activities,  exposing his employees to struck-by hazards.  b) At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 08, 2022 and at times prior thereto, the employer allowed his employees to operate a circular saw without eye protection while performing roof decking activities, exposing his employees to struck-by hazards.  Oscar Garduno Rubio, dba Oscar Garduno Rubio was previously cited for a violation of this occupational safety and health standard, 29CFR 1926.102(a)(1),  which was contained in OSHA inspection number 1444704, Citation 1, Item 1,  and was affirmed as a final order on January 21, 2021 with respect to a workplace located at 9271 Crescent Lodge Circle, Lot 6, Woodland Creek, Pike Road, AL, 36064.

Issued

Jan 26, 2023

Abate by

Feb 3, 2023

Penalty

Initial $10,313 · Current $10,313

General-duty citation text

29 CFR 1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:  a)   At 4638 Bloomsbury Street, Lot 20, Block U, Hampstead, Montgomery, Alabama:  On or about November 14, 2019 and at times prior; the employer allowed his employees to use an extension ladder to gain access to the second story of the house and the rails of the ladder did not extend three feet above the upper landing surface to provide safe access exposing his employee to a fall hazard of 11 feet 10 inches to the ground below.  Oscar Garduno Rubio, dba Oscar Garduno Rubio was previously cited for a violation of this occupational safety and health standard, 29 CFR 1926.1053(b)(1),  which was contained in OSHA inspection number 1444704, Citation 3, Item 1,  and was affirmed as a final order on January 21, 2021 with respect to a workplace located at 9271 Crescent Lodge Circle, Lot 6, Woodland Creek, Pike Road, AL, 36064.