OSHA Inspection: ESWIN VILLATORO

Issued

Aug 14, 2023

Penalty

Initial $4,688 · Current $2,344 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 May 24, 2023, the employer failed to provide and install a fall protection system before employees began framing work at a 2nd story floor joist structure. As a result, employees were exposed to a fall hazard of 10 feet 5 inches above ground level.

Issued

Aug 14, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.502(a)(2): Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection.   a) On May 24, 2023, the employer failed to provide and install a fall protection system before employees began framing work at a 2nd story floor joist structure. As a result, employees were exposed to a fall hazard of 10 feet 5 inches above ground level.

Issued

Aug 14, 2023

Abate by

Aug 31, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1): (Certification of training) 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) On or about May 24, 2023, the employer did not provide written certification records of fall protection training for employees performing framing work at a 2nd story floor joist structure without use of a fall protection system.