OSHA Inspection: DARWIN O. ESTRADA

Issued

Aug 11, 2023

Penalty

Initial $5,357 · Current $5,357

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.  On or about July 19th, 2023, at a worksite located at 1605 N Lynndale Drive, Appleton, Wisconsin: employees were performing residential roofing activities without any form of conventional fall protection while exposed to fall hazards of nine feet and roof pitch 4:12.  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.  Darwin O. Estrada was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1633523, citation number 1, item number 2 and was affirmed as a final order on February 16, 2023, with respect to a jobsite located at 912 Pondview Court, in Appleton, Wisconsin.

Issued

Aug 11, 2023

Penalty

Initial $2,679 · Current $2,679

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 July 19th, 2023, at a worksite located at 1605 N Lynndale Drive, Appleton, Wisconsin: the employer did not develop and implement a fall protection training program to enable employees exposed to fall hazards during construction activities to recognize the hazards of falling and procedures to be followed in order to minimize those hazards.