OSHA Inspection: DEVAEL CONSTRUCTION LLC

Issued

Nov 10, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,838 · Current $6,838

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) Devael Construction LLC located at lot 55, Portrush Drive, Sunbury, OH 43074:  On and preceding November 8, 2022, the employer did not ensure that framers exposed to hazards of flying debris and other struck-by hazards to the eyes wore appropriate eye protection.  A crew of framers utilizing a circular saw to cut wood and pneumatic nail guns to install wooden framing pieces were not utilizing eye protection thereby exposing the employees to struck-by hazards to the eyes.  Devael Construction LLC  was previously cited for a violation of this occupational safety and health standard 1926.102(a)(1), which was contained in OSHA inspection number 1477342, citation number 1, item number 2 and was affirmed as a final order on August 25, 2020, with respect to a workplace located at Blackmore Drive, Lot 2328, DELAWARE, OH 43015.

Issued

Nov 10, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,838 · Current $6,838

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) Devael Construction LLC located at lot 55, Portrush Drive, Sunbury, OH 43074:  On and preceding November 8, 2022, the employer did not ensure that framers engaged in residential construction activities 6 feet or more above the lower level were protected from falls. Framers were installing decking and other framing pieces on a new build residential construction site at heights up to 12 feet. The employees were not utilizing any form of fall protection which exposed them to falls up to 12 feet.  Devael Construction LLC  was previously cited for a violation of this occupational safety and health standard 1926.501(b)(13), which was contained in OSHA inspection number 1477342, citation number 1, item number 5-a and was affirmed as a final order on August 25, 2020, with respect to a workplace located at Blackmore Drive, Lot 2328, DELAWARE, OH 43015.