OSHA Inspection: CS CONTRACTOR CORP

Issued

Feb 10, 2025

Penalty

Initial $13,240 · Current $13,240

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 was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501(b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502: (a)  NOTE TO CSHO: USE THIS OPTION WHEN THE EMPLOYER (1) FAILED TO SATISFY THE SECTION 501(B)(13) REQUIREMENTS, AND (2) FAILED TO PROVE INFEASIBILITY/GREATER HAZARD AND/OR FAILED  TO DEVELOP AND IMPLEMENT A SATISFACTORY FALL PROTECTION PLAN UNDER 1926.502(K). PLEASE DESCRIBE THE FALL PROTECTION PLAN DEFICIENCIES IN YOUR AVD.  a) On or about August 13, 2024, at Lot #82 Castleberry Lane, Nobles Pond, Cheswold, De 19934- CSHO responded to an incident that was received by the Duty Officer of a worksite amputation. Upon arrival the CSHO didn't see that particular incident or the persons who reported it.  During the walk around the CSHO did observe several employees exposed to fall hazards while not wearing any fall protection. CSHO spoke with Wellington Parada (Competent Person) who had no response for why the employees were exposed to falls while not wearing fall protection. CSHO observed several employees walking and working on a timber framed residential structure while none of them were using fall protection.  CSHO asked for the competent person, who had also exposed himself to the hazard. The employees came down at his request. CSHO collected information of the exposed employees. The competent person then stated they would be leaving the job site. CSHO departed the area and found the General Contractor.   b) On or about August 15, 2024, at Lot #82 Castleberry Lane, Nobles Pond, Cheswold, De 19934 CSHO met with the Primary contractor (Haisllam Santos MNA Construction) that hired CS Contractor who assured the CSHO the employees would be working safely.  CS Contractor had an employee get injured prior to August 13, 2024, and filed the report with OSHA and provided incorrect information. The employer stated there was an amputation on the Nobles Pond Site. The employee was transported to BayHealth Kent General Hospital, Dover, De 19901.  The employees were not working while the CSHO was on site. CSHO departed the Nobles Pond Develpment.   c) On or about August 15, 2024, at approximately 1655 at Lot #82 Castleberry Lane, Nobles Pond, Cheswold, De 19934- CSHO was in Noble's Pond Development after hours and observed CS Contractors Corp employees again exposed to fall hazards again by walking and working on the same timber framed residential structure without fall protection. The competent person saw the CSHO and called the same employees to the ground where they stood around waiting for eth CSHO to leave the area. the CSHO was off duty but attempted to contact the general Contractor with a response.  The CS Contractor Corporation 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 1736080, citation number 01001, item number 1 and was affirmed as a final order on 07/11/2014, with respect to a workplace located at 12 Washington Crossing Pennington Road, Pennington, NJ.