OSHA Inspection: DELMER ABRAHAN FUNEZ LLC DBA DELMER FUNEZ CONSTRUCTION

Issued

2025-07-10 00:00:00

Abate by

2025-08-28 00:00:00

Penalty

Initial $398.00 · Current $398.00

General-duty citation text

29 CFR  1903.19(d)(1):The employer did not submit to the Agency 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.  Delmer Abrahan Funez LLC DBA Delmer Funez Construction. failed to submit documents to OSHA within 10 calendar days after the abatement date verifying  that each of the following cited violations had been corrected:  Citation Number                      Item  Number                 Abatement Date 01                                                    01                                       04/15/2025 01                                                    04                                       04/15/2025 02                                                    01                                       04/15/2025  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

2025-01-28 00:00:00

Abate by

2025-04-15 00:00:00

Penalty

Initial $3547.00 · Current $2000.00 Reduced

General-duty citation text

29 CFR  1926.602(d):Powered industrial truck operator training.  Note: The requirements applicable to construction work under this paragraph are identical to those set forth at ��1910.178(l) of this chapter. 29 CFR  1910.178(l)(1)(ii): Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this paragraph (l), except as permitted by paragraph (l)(5).  On or about November 13, 2024, the employer did not certify that forklift operator(s) had been trained and evaluated as required by paragraph (l) with certification records. An employee was operating a telehandler forklift to deliver material to the top level, approximately 20.9 feet above ground.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

2025-01-28 00:00:00

Penalty

Initial $3547.00 · Current $2000.00 Reduced

General-duty citation text

29 CFR  1926.102(a)(1):The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  On or about November 13, 2024, employees were exposed to eye injuries while engaged in residential construction activities operating a pneumatic nail gun. Eye protection was not being utilized while employees engaged in framing activities.

Issued

2025-01-28 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR  1926.453(b)(2)(v): A safety harness with lanyard attached to the boom or basket was not worn by employee(s) working from an aerial lift: Note to paragraph (b)(2)(v): As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system. The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated under 1926.502(e).  On or about November 13, 2024, the employer did not ensure all employees were wearing a safety harness while working from an aerial lift. Employees had personal fall arrest systems on site but did not utilize them while operating aerial lifts.

Issued

2025-01-28 00:00:00

Abate by

2025-04-15 00:00:00

Penalty

Initial $3547.00 · Current $2000.00 Reduced

General-duty citation text

29 CFR 1926.454(a): The employer shall have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards. The training shall include the following areas, as applicable: 29 CFR 1926.454(a)(1): The nature of any electrical hazards, fall hazards and falling object hazards in the work area.  On or about November 13, 2024, the employer did not ensure employees who were working from aerial lifts had been trained on fall hazards and the use of personal fall arrest systems.  Employees were utilizing aerial lifts while engaged in residential construction activities.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

2025-01-28 00:00:00

Penalty

Initial $4965.00 · Current $2500.00 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.   On or about November 13, 2024, employees were exposed to falls of approximately 20.9 feet or more above ground level while engaged in residential construction activities. Fall protection was not being utilized while performing framing activities.

Issued

2025-01-28 00:00:00

Abate by

2025-04-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.503(b)(1):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.  On or about November 13, 2024, employees were exposed to fall hazards while performing residential construction activities and the employer did not certify that employees had been trained to recognize fall hazards, and the procedure to be followed in order to minimize those hazards.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).