OSHA Inspection: JAVIER AVILA

Issued

Dec 22, 2023

Penalty

Initial $5,156 · Current $5,156

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 or about November 29, 2023, the employer did not conduct adequate inspections of the job site. As a result, employees were exposed to fall heights greater than 12 feet in that fall protection was not being worn.

Issued

Dec 22, 2023

Penalty

Initial $10,313 · Current $10,313

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 or about November 29, 2023, employees were exposed to a fall hazard greater than 12 ft while performing roofing work on a residential roof without adequate means of conventional fall protection.  Javier Avila & Deborah Avila dba Samer Construction 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 1468019, citation number 1, item number 1 and was affirmed as a final order on June 29, 2020, with respect to a workplace located at 2890 Stonemark Ct Lebanon, OH 45036.

Issued

Dec 22, 2023

Abate by

Jan 22, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1):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 November 29, 2023, the employer did not provide written certification of the fall hazard training provided to employees.