OSHA Inspection: RUBIO CONSTRUCTION LLC

Issued

Sep 12, 2024

Abate by

Oct 10, 2024

Penalty

Initial $5,323 · Current $5,322 Reduced

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 August 1, 2024, with respect to a worksite located at Lot 69 E Lourdes Drive, Appleton, WI 54915, the employer did not ensure that employees exposed to fall hazards while conducting roofing work had been adequately trained to recognize fall hazards and the methods to mitigate the falls hazards.

Issued

Sep 12, 2024

Abate by

Oct 10, 2024

Penalty

Initial $22,816 · Current $0 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.  On or about August 1, 2024, with respect to a worksite located at Lot 69 E Lourdes Drive, Appleton, WI 54915, employees of Rubio Construction, LLC were exposed to fall hazards of nine feet, seven inches and greater while performing roofing work on a new residential construction without the use of conventional fall protection.   Rubio Construction, LLC was previously cited for a Repeat violation of this occupational safety and health standard, which was contained in OSHA inspection number 1669705, citation number 2, item number 1 and was affirmed as a final order on June 20, 2023, with respect to a workplace located at 3361 N. Mason Street, Appleton, Wisconsin.  The Rubio Construction LLC company was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1609891, citation number 1, item number 1 and was affirmed as a final order on December 2, 2022, with respect to a workplace located at W6939 Riverdale Court, Greenville, Wisconsin.