OSHA Inspection: ALBERTO MONTIEL

Issued

Sep 5, 2024

Penalty

Initial $10,646 · Current $10,646

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.  On or about August 19, 2024, at a worksite located at 201 Edgewood Drive, Waupun, Wisconsin: employees of Montiel Roofing LLC were performing residential roofing activities with no form of conventional fall protection while exposed to fall hazards of approximately 23 feet 7 inches and a roof pitch of 6:12.  Alberto Montiel dba Montiel Roofing LLC was previously cited for a serious violation of this occupational safety and health standard or its equivalent standard (1926.501(b)(13)), which was contained in OSHA inspection number 1727078, citation number 1, item number 1 and was affirmed as a final order on April 23, 2024, with respect to a workplace located at 519 S Washington Street, Combined Locks, Wisconsin.  Alberto Montiel was previously cited for a serious 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 1591852, citation number 1, item number 1a, and was affirmed as a final order on October 19, 2022, with respect to a jobsite located 1721 Midway Road, Appleton, WI 54915.  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.

Issued

Sep 5, 2024

Penalty

Initial $6,084 · Current $6,084

General-duty citation text

29 CFR  1926.1053(b)(1):When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing surface to which the ladder is used to gain access; or, when such an extension is not possible because of the ladder's length, then the ladder shall be secured at its top to a rigid support that will not deflect, and a grasping device, such as a grabrail, shall be provided to assist employees in mounting and dismounting the ladder. In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support.  On or about August 19, 2024, at a worksite located at 201 Edgewood Drive, Waupun, Wisconsin: employees of Montiel Roofing LLC were observed utilizing ladders that were not extended 3 feet above the upper landing surface being exposed to fall hazards of 10 feet 11 inches and greater.  Alberto Montiel was previously cited for a serious violation of this occupational safety and health standard or its equivalent standard, (29 CFR 1926.1053(b)(1)), which was contained in OSHA inspection number 1591852, citation number 1, item number 2, and was affirmed as a final order on October 19, 2022, with respect to a jobsite located 1721 Midway Road, Appleton, WI 54915.