OSHA Inspection: BENITO LOPEZ

Issued

Nov 25, 2022

Penalty

Initial $3,729 · Current $3,729

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 9, 2022, at a jobsite located at 918 Pondview Court, in Appleton, Wisconsin; the extension ladder on the left side of the house used to access the roof did not extend at least 3 feet past the landing, exposing employees to trip hazards.

Issued

Nov 25, 2022

Penalty

Initial $18,647 · Current $18,647

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 9, 2022, at a jobsite located at 918 Pondview Court, in Appleton, Wisconsin; fall protection was not being utilized while performing tear off  and reroofing activities on an existing residential roof, exposing employees to fall hazards greater than 9 feet.  Benito Lopez was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 1586102, citation number 1, item number 1a and was affirmed as a final order on August 29, 2022, with respect to a workplace located at 1248 Pershing Road, in De Pere, Wisconsin.  Benito Lopez was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 1586110, citation number 1, item number 1a and was affirmed as a final order on August 29, 2022, with respect to a workplace located at 1254 Pershing Road, in De Pere, Wisconsin.