OSHA Inspection: MARCO ANTONIO DIAZ

Issued

Apr 27, 2023

Abate by

May 12, 2023

Penalty

Initial $4,688 · Current $2,300 Reduced

General-duty citation text

29 CFR 1926.20(b)(2): Accident prevention responsibilities. Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.  a) On or about March 06, 2023, the employer did not ensure that a program for the frequent and regular inspections of the job site, material and equipment was being completed by a competent person; as a result, employees were not utilizing a fall protection system and while working were exposed to a fall hazard of 21 ft.

Issued

Apr 27, 2023

Abate by

May 12, 2023

Penalty

Initial $4,688 · Current $0 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) On or about March 06, 2023, employer did not ensure the safety of the employees located throughout a residential roof; these employees were exposed to a fall hazard while removing and installing shingles onto a steep pitch roof not utilizing any fall protection system. The potential fall height was measured to be 21 ft. from the ground with a roof pitch of 10/12.

Issued

Apr 27, 2023

Abate by

May 12, 2023

Penalty

Initial $4,688 · Current $0 Reduced

General-duty citation text

29 CFR 1926.503(a)(1): The following training provisions supplement and clarify the requirements of 1926.21 regarding the hazards addressed in Subpart M of this part. Training program. The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.  a) On or about March 06, 2023, the employer did not ensure that employees who were exposed to a fall hazard while replacing and installing an existing roof at a residential property, were trained on a fall protection systems and on hazards of falls, while working at heights of 21 ft. above the ground.

Issued

Apr 27, 2023

Abate by

May 12, 2023

Penalty

Initial $4,688 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1053(b)(1): Use. The following requirements apply to the use of all ladders, including job-made ladders, except as otherwise indicated: 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.  a) On or about March 06, 2023, the employer did not ensure the safety of employees that were exposed to a fall hazard while utilizing an extension ladder that was being used to access the upper landing surface to perform roofing work and was not extend past the upper landing surface with at least 3 ft.