OSHA Inspection: ESMY CONSTRUCTION, LLC

Issued

Sep 6, 2024

Abate by

Oct 11, 2024

Penalty

Initial $4,839 · Current $0 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 June 3, 2024, the employer failed to ensure that adequate frequent and regular inspections of the job site were conducted. As a result, an employee performing framing work without a fall protection system was exposed to a fall hazard greater than 18'.

Issued

Sep 6, 2024

Abate by

Oct 11, 2024

Penalty

Initial $4,839 · Current $2,420 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 June 3, 2024, 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 fall height greater than 18'.