OSHA Inspection: BACILIO RIOS

Issued

Nov 14, 2024

Abate by

Dec 13, 2024

Penalty

Initial $1,423 · Current $1,423

General-duty citation text

29 CFR  1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.   The employer did not provide abatement certification and documentation for citations issued on December 26, 2023 with abatement due dates of January 25, 2024.

Issued

Dec 26, 2023

Penalty

Initial $156,259 · Current $156,259

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.  Bacilio Rios dba Chilos Construction does not require the use of fall protection during roofing operations. This violation was most recently observed on July 7, 2023, at a residential re-roofing project located at 217 East Broadway Drive, Appleton, Wisconsin. Employees were exposed to falls hazards of 8 feet 3 inches to a maximum of over 25 feet while installing new asphalt shingles without any form of fall protection.   Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 1 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.

Issued

Dec 26, 2023

Abate by

Jan 25, 2024

Penalty

Initial $85,938 · Current $85,938

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.  Bacilio Rios dba Chilos Construction does not provide fall protection training.  This violation was most recently observed on July 7, 2023, at a residential re-roofing project located at 217 East Broadway Drive, Appleton, Wisconsin. Employees were exposed to falls hazards of 8 feet 3 inches to a maximum of over 25 feet while installing new asphalt shingles and had received no fall protection training.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 2 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.

Issued

Dec 26, 2023

Penalty

Initial $19,644 · Current $19,644

General-duty citation text

29 CFR  1926.1053(b)(1): 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.  Bacilio Rios dba Chilos Construction does not require ladders to extend 3 feet above the upper landing surface.  This violation was most recently observed on July 7, 2023, at a residential re-roofing project located at 217 East Broadway Drive, Appleton, Wisconsin. Employees were exposed to falls hazards of 8 feet 3 inches while accessing and egressing the roof of the garage.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 3, item number 1 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.

Issued

Dec 26, 2023

Abate by

Jan 25, 2024

Penalty

Initial $19,644 · Current $19,644

General-duty citation text

29 CFR  1926.1060(a): The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards.  Bacilio Rios dba Chilos Construction does not provide ladder training.  This violation was most recently observed on July 7, 2023, at a residential re-roofing project located at 217 East Broadway Drive, Appleton, Wisconsin. Employees were exposed to falls hazards of  8 feet 3 inches while accessing and egressing the roof of the garage and had no ladder training.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 1, item number 3 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.