OSHA Inspection: HERNANDEZ CONSTRUCTION, LLC

Issued

Jan 3, 2024

Abate by

Feb 1, 2024

Penalty

Initial $376 · Current $376

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.  With respect to a worksite located at W5838 Easter Lily Drive, Appleton, WI 54915, the employer has not provided the Agency with abatement certification documentation demonstrating the corrective actions taken to abate the training deficiencies identified in citation 1-2(a) of this inspection.

Issued

Sep 28, 2023

Penalty

Initial $4,688 · Current $4,688

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 September 5, 2023, with respect to a worksite located at W5838 Easter Lily Drive, Appleton, WI 54915, employees of Hernandez Construction, LLC were exposed to fall hazards while conducting residential roofing work without some form of conventional fall protection.   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.

Issued

Sep 28, 2023

Abate by

Oct 27, 2023

Penalty

Initial $4,688 · Current $4,688

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 September 5, 2023, with respect to a worksite located at W5838 Easter Lily Drive, Appleton, WI 54915, employees were exposed to fall hazards while conducting residential roofing activities and had not been trained in the recognition of fall hazards or the methods to control those hazards.

Issued

Sep 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.502(d)(17):The attachment point of the body belt shall be located in the center of the wearer's back. The attachment point of the body harness shall be located in the center of the wearer's back near shoulder level, or above the wearer's head.  On or about September 5, 2023, with respect to a worksite located at W5838 Easter Lily Drive, Appleton, WI 54915, employees of Hernandez Construction, LLC were observed attaching ropes to body harnesses via D Rings attached to the leg straps of the harness.