OSHA Inspection: BACILIO RIOS ALMANZA

Issued

Apr 17, 2025

Abate by

May 15, 2025

Penalty

Initial $1,023 · Current $1,023

General-duty citation text

29 CFR  1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, 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.  The employer did not provide certification of abatement for an inspection conducted on September 12, 2024, for a worksite located at 64 East Crestview Drive in Appleton, Wisconsin.

Issued

Mar 10, 2025

Penalty

Initial $7,282 · Current $7,282

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be protected by protective helmets.  On or about September 12, 2024, at a worksite located at 64 East Crestview Drive, Appleton, Wisconsin, employees of Bacilio Rios were not wearing protective helmets where there was a possible danger of head injury from falling objects, including roofing material.

Issued

Mar 10, 2025

Abate by

Mar 24, 2025

Penalty

Initial $127,446 · Current $127,446

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.  The employer does not protect each employee from fall hazards while engaged in roofing activity six (6) feet or more above lower levels by the use of guardrail system, safety net system, or personal fall arrest system.   This most recently occurred on September 12, 2024, at 64 East Crestview Drive, Appleton, Wisconsin, employees of Bacilio Rios were engaged in roofing activities were not protected from fall hazards while working at elevations of up to approximately 22 feet above the ground.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1681501, citation number 1, item number 1 and was affirmed as a final order on January 30, 2024, with respect to a workplace located at 217 East Broadway Drive, Appleton, WI 54913.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 1 and was affirmed as a final order on October 27, 2022, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.

Issued

Mar 10, 2025

Abate by

Apr 7, 2025

Penalty

Initial $127,446 · Current $127,446

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.  The employer does not provide fall protection training to its employees exposed to fall hazards.    This most recently occurred on September 12, 2024, at 64 East Crestview Drive, Appleton, Wisconsin.  Bacilio Rios does not provide fall protection training to each employee engaged in roofing activity at an elevation of up to approximately 22 feet above the ground, in order to recognize hazards associated with working at heights and to understand procedures to control or minimize those hazards.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1681501, citation number 1, item number 2 and was affirmed as a final order on January 30, 2024, with respect to a workplace located at 217 East Broadway Drive, Appleton, WI 54913.  Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 2 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.