OSHA Inspection: BROOKENS CONSTRUCTION, LLC

Issued

Oct 18, 2023

Penalty

Initial $4,911 · Current $4,911

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) On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, subcontractors of Brookens Construction, LLC, were engaged in residential roofing activities using pneumatic nail guns and were not wearing eye protection while exposed to potential flying particles.  b) On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, a Brookens Construction, LLC employee was on the roof without wearing safety glasses while subcontractor employees were engaged in residential roofing activities using pneumatic nail guns.

Issued

Oct 18, 2023

Abate by

Apr 1, 2024

Penalty

Initial $4,911 · Current $4,911

General-duty citation text

29 CFR  1926.503(a)(1): 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:  On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, the Brookens Construction, LLC employee was not enabled to recognize deficiencies in the installation and usage of conventional fall protection equipment.

Issued

Oct 18, 2023

Penalty

Initial $4,911 · Current $4,911

General-duty citation text

29 CFR  1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, shall either be immediately marked in a manner that readily identifies them as defective, or be tagged with "Do Not Use" or similar language, and shall be withdrawn from service until repaired:  On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, an employee of Brookens Construction, LLC used an extension ladder missing one of the rung locks to access and exit the roof.

Issued

Oct 18, 2023

Abate by

Apr 1, 2024

Penalty

Initial $58,930 · Current $24,523 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.  On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, an employee of Brookens Construction, LLC at a jobsite failed to take prompt corrective measures when subcontractor employees were observed being exposed to fall hazards of 8.75 feet and greater.  Brookens Construction, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1423062, citation number one, item number one, and was affirmed as a final order on December 3, 2019, with respect to a site located at N2271 Glen Rose Lane Greenville, Wisconsin.  Brookens Construction, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1418937, citation number one, item number one, and was affirmed as a final order on December 3, 2019, with respect to a site located at W7014 Angel Hill Drive Greenville, Wisconsin.

Issued

Oct 18, 2023

Penalty

Initial $58,930 · Current $24,523 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 May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, subcontractors of Brookens Construction, LLC, engaged in residential roofing activities were exposed to fall hazards of approximately 8.25 feet without utilizing any form of fall protection.  b) On or about May 12, 2023, at a site located at 1228 West Ridgeview Drive in Appleton, Wisconsin, an employee of Brookens Construction was working on a roof without utilizing any form of fall protection while a Brookens Construction, LLC subcontractor was engaged in residential roofing activities on the same roof.  Brookens Construction, LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1598391, citation number one, item number one, and was affirmed as a final order on September 7, 2022, with respect to a site located at W5835 Sweet William Drive, Appleton, Wisconsin.