OSHA Inspection: TERCERO ROOFING LLC

Issued

Nov 27, 2024

Penalty

Initial $4,839 · Current $3,300 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 29, 2024, employees were exposed to a fall hazard greater than 19 ft while performing roofing work on a residential roof without any means of conventional fall protection.

Issued

Nov 27, 2024

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1926.20(b)(2): Accident prevention responsibilities. Such programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the employers.  a) On or about October 29, 2024, the employer did not conduct adequate inspections of the job site. As a result, employees were exposed to fall heights greater than 19 feet in that conventional fall protection was not being worn and the ladder, being used as egress from the roof, was not secured or extended 3 ft above the roof eave.

Issued

Nov 27, 2024

Penalty

Initial $4,148 · Current $0 Reduced

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.  a) On or about October 29, 2024, the employer did not ensure that employees exposed to a fall hazard were protected in that the portable ladder used for accessing the roof only extended 1 ft above the upper landing surface nor was it secured from falling.