OSHA Inspection: EMM CONSTRUCTION LLC

Issued

Oct 24, 2024

Penalty

Initial $4,839 · Current $2,420 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.   a) On or about October 09, 2024, the employer failed to ensure that employees performing re-roofing activities ( tear-off) on a residential home, with a 9/12 pitch roof, were utilizing a fall protection system. As a result, employees were exposed to fall heights of 10'6".

Issued

Oct 24, 2024

Abate by

Dec 12, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1): Certification of training. The employer shall verify compliance with paragraph (a) of this section by preparing a written certification record. The written certification record shall contain 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. If the employer relies on training conducted by another employer or completed prior to the effective date of this section, the certification record shall indicate the date the employer determined the prior training was adequate rather than the date of actual training.  a) On or about October 09, 2024, the employer did not ensure that written certification of training records for fall protection were being maintained in that the employer did not have training records for employees working performing reroofing activities (tear off) at 3791 MacNicholas Avenue, Cincinnati, OH 45236.