OSHA Inspection: ISMAEL CONSTRUCTION AND SIDING LLC

Issued

May 8, 2023

Abate by

May 18, 2023

Penalty

Initial $4,688 · Current $3,282 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. Location at Nolan Reserve 8891 Moreland Street Powell, Ohio: On or about March 9, 2023, employees were on the third story balcony roof performing siding work at  the Nolan Reserve without any means of fall protection in place which exposed the employees to falls of approximately 37 feet 6 inches to the concrete ground below.

Issued

May 8, 2023

Abate by

May 18, 2023

Penalty

Initial $6,697 · Current $4,688 Reduced

General-duty citation text

29 CFR  1926.453(b)(2)(v):A body belt shall be worn and a lanyard attached to the boom or basket when working from an aerial lift. Note to paragraph (b)(2)(v): As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system. The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated under 1926.502(e).   a. Location at Nolan Reserve 8891 Moreland Street Powell, Ohio: On or about March 9, 2023, an employee was working from the elevated platform of a Genie aerial boom lift without the employees full body harness D ring attached to a lanyard of the boom or basket while installing siding on a three story building. Thereby exposing the employee to an approximate 37 foot 6 inch fall to the concrete ground below.   The Ismael Construction and Siding LLC was previously cited under the name Ismael Marroquin for a violation of this Occupational Safety and Health standard 1926.453(b)(2)(v), which was contained in OSHA inspection number 1416343, citation number 1, item number 4 and was affirmed as a final order on November 19,2019, with respect to a workplace located at 3986 Parkmead, Building 1, Grove City, Ohio 43123.

Issued

May 8, 2023

Abate by

May 18, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1):The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.  a. Location at Nolan Reserve 8891 Moreland Street Powell, Ohio: On or about March 9, 2023 the employer failed to prepare a written certification record which verified completion of fall protection training for employees that were regularly exposed to falls when using JLG telescoping boom lifts.