OSHA Inspection: DAVALOS CONSTRUCTION AND MORE, LLC

Issued

Jan 6, 2023

Abate by

Feb 10, 2023

Penalty

Initial $6,838 · Current $3,419 Reduced

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) Davalos Construction and More, LLC located at located at 2865 Canterbury Road, Upper Arlington, OH 43221: On and/or preceding November 9, 2022, the employer failed to initiate and maintain a safety and health program such as but not limited to a personal protective equipment program and a fall protection program thereby exposing employees to struck-by hazards and fall hazards of approximately 9 feet.  Davalos Construction and More, LLC was previously cited for a violation of this occupational safety and health standard 1926.20(b)(1), which was contained in OSHA inspection number 1519241, citation number 1, item number 1 and was affirmed as a final order on June 17, 2021, with respect to a workplace located at 7564 Walnut Drive, Canal Winchester, Ohio 43110.

Issued

Jan 6, 2023

Abate by

Feb 10, 2023

Penalty

Initial $6,838 · Current $3,419 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.  a) Davalos Construction and More, LLC located at located at 2865 Canterbury Road, Upper Arlington, OH 43221: On and/or preceding November 9, 2022, the employer failed to ensure employees wore safety glasses while utilizing power tools that presented struck-by hazards to the eyes and face. Employees were using a pneumatic nail guns while installing roofing shingles on a house. The employees were not utilizing eye protection, thereby exposing employees to struck-by hazards to the eyes.   Davalos Construction and More, 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 1519241, citation number 1, item number 3 and was affirmed as a final order on June 17, 2021, with respect to a workplace located at 7564 Walnut Drive, Canal Winchester, Ohio 43110.

Issued

Jan 6, 2023

Abate by

Feb 10, 2023

Penalty

Initial $17,094 · Current $8,547 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.   a) Davalos Construction and More, LLC located at located at 2865 Canterbury Road, Upper Arlington, OH 43221: On and/or preceding November 9, 2022,  the employer did not ensure fall protection was implemented during residential construction operations when roofers were exposed to the hazard of falling approximately nine (9) feet off the roof eve when they were installing roofing shingles and conducting an inspection of the roof while roofing work was in progress.  Davalos Construction and More, 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 1519241, citation number 1, item number 4 and was affirmed as a final order on June 17, 2021, with respect to a workplace located at 7564 Walnut Drive, Canal Winchester, Ohio 43110.  Davalos Construction and More, 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 1623278, citation number 1, item number 1 and was affirmed as a final order on October 28, 2022, with respect to a workplace located at  17108 Riverside Dr, LAKEWOOD, OH 44107