OSHA Inspection: YIMI S AGUILERA CONSTRUCTION LLC

Issued

Mar 30, 2023

Penalty

Initial $34,377 · Current $17,189 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.  The employer does not protect each employee from the hazard of falling by the use of fall protection systems.  The most recently occurred on January 27, 2023, at a new build residential subdivision located at Lot#37, 12205 Taylors Way, Pickerington, Ohio. The employer failed to enforce the use of fall protection for employees performing framing work from the top plate of the framed garage wall and the steep 6 on 12 pitch rooftop of a new build residential home, thereby exposing employees to a fall hazards from approximately 11 to 20 feet to the ground.   Yimi S Aguilera Construction LLC  was previously cited for a repeat serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1517951, citation number 1, item number 2 and was affirmed as a final order on April 29, 2021 with respect to a workplace located at 211 Arlington Drive, Pickerington, Ohio 43147.  Yimi S Aguilera Construction LLC was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1294629, citation number 1, item number 4 and was affirmed as a final order on March 28, 2018 with respect to a workplace located at 812 Blackmore Drive, Delaware, Ohio 43015.  Yimi S Aguilera Construction LLC was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1292939, citation number 1, item number 3 and was affirmed as a final order on March 28, 2018 with respect to a workplace located at Lot 59, Cormac Way, Dublin, Ohio 43016.