OSHA Inspection: ORTIZ CONSTRUCTION, LLC

Issued

Nov 8, 2023

Abate by

Dec 14, 2023

Penalty

Initial $4,688 · Current $3,282 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.    a) On October 3, 2023, the employer failed to ensure adequate frequent and regular inspections of the job site. As a result, an employee performing framing work was observed working atop the framing structure without a fall protection system and was exposed to a 12'6' fall hazard.

Issued

Nov 8, 2023

Penalty

Initial $4,688 · Current $3,282 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 October 3, 2023, the employer did not ensure that employees were utilizing a fall protection system while conducting framing work on a newly constructed residential structure.  An employee was exposed to a potential fall height measured to be 12' 6''.