OSHA Inspection: NERY CONSTRUCTION INC.

Issued

Dec 26, 2024

Abate by

Jan 29, 2025

Penalty

Initial $388 · Current $277 Reduced

General-duty citation text

29 CFR  1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  (a) Establishment:  As of December 26, 2024, the employer had not certified to OSHA that the abatement had been completed for Citation 1, Items 4c and 4d and Citation 2, Item 1 from inspection number 1765827, issued on 9/9/2024, with a final order date of 10/8/2024.

Issued

Dec 26, 2024

Abate by

Jan 29, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1903.19(d)(1): The employer did not submit to the Agency 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:  (a) Establishment:  As of December 26, 2024, the employer had not provided the required abatement documentation to OSHA for Citation 1, Items 4c and 4d and Citation 2, Item 1 from inspection number 1765827, issued on 9/9/2024, with a final order date of 10/8/2024.

Issued

Sep 9, 2024

Penalty

Initial $4,148 · Current $2,519 Reduced

General-duty citation text

29 CFR  1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns.  a) Front of House: On or about 8/1/2024, an employee was not protected from falling or flying objects, while working on the ground below roofers, without a protective helmet.

Issued

Sep 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.102(a)(1): The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  a) Roof: On or about 8/1/2024, employees were not wearing protective glasses while working with roofing nail guns.

Issued

Sep 9, 2024

Penalty

Initial $4,839 · Current $2,519 Reduced

General-duty citation text

29 CFR  1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employees provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b).  a) Main Roof: On or about 8/1/2024, employees were exposed to fall hazards of approximately 17 feet while performing residential roofing work without adequate means of fall protection.

Issued

Sep 9, 2024

Penalty

Initial $4,148 · Current $2,519 Reduced

General-duty citation text

29 CFR  1926.502(d)(15): Anchorage used for attachment for personal fall arrest equipment was not capable of supporting at least 5,000 pounds (22.2 kN) per employee attached nor was it designed, installed and used as follows: As part of a complete personal fall arrest system which maintains a safety factor of at least two; and under the supervision of a qualified person.  a) Main Roof: On or about 8/1/2024, employees were exposed to fall hazards due to the employer allowing more than one fall arrest lanyard to be attached to a single anchor point.

Issued

Sep 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.502(d)(17): The attachment point of the body harness was not located in the center of the wearer's back near shoulder level, or above the wearer's head.  a) Roof: On or about 8/1/2024, the employer did not ensure that employees connected rope lanyards to a D-ring at the center of their back, near the shoulder blades.

Issued

Sep 9, 2024

Penalty

Initial $2,765 · Current $2,519 Reduced

General-duty citation text

29 CFR  1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed.  a) Front porch roof: On or about 8/1/2024, employees were not protected from falling while using a ladder that did not extend at least three feet above the upper landing surface.  b) Main roof: On or about 8/1/2024, employees were not protected from falling while using a ladder that did not extend at least three feet above the upper landing surface.

Issued

Sep 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(10): The tops of a non-self-supporting ladder were not placed with the two rails supported equally.  a) Back of house: On or about 8/1/2024, employees used a ladder positioned on the downward slope of a roof, preventing equal support to both ladder rails.

Issued

Sep 9, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(15): Ladders were not inspected by a competent person for visible defects on a periodic basis and after an occurrence that could affect their safe use.  a) Front Porch: On or about 8/1/2024, the employer did not ensure the ladder was inspected prior to use.  b) Side of house: On or about 8/1/2024, the employer did not ensure the ladder was inspected prior to use.

Issued

Sep 9, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, were not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and were not withdrawn from service until repaired.  a) Front Porch: On or about 8/1/2024, the employer allowed two employees to use a damaged ladder, with a split rail and multiple dents and cracks, to access the roof.  b) Main Roof: On or about 8/1/2024, the employer allowed two employees to use a damaged ladder, with multiple dents, to access the roof.

Issued

Sep 9, 2024

Abate by

Oct 24, 2024

Penalty

Initial $388 · Current $277 Reduced

General-duty citation text

29 CFR  1926.503(b)(1): The employer did not verify compliance with paragraph (a) of this section by preparing a written (training) certification record including 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.  a) Jobsite: On or about 8/1/2024, the employer did not create a written certification record verifying that employees received adequate fall protection training for employees exposed to fall hazards.