OSHA Inspection: VISTAIN BUILDING LLC

Issued

May 1, 2025

Abate by

May 30, 2025

Penalty

Initial $359 · Current $359

General-duty citation text

29 CFR  1903.19(c)(1): Within 10 calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph (c)(2) of this section.  On or about May 1, 2025, with respect to a worksite located at 475 Celtic Sea Way Wrightstown, WI 54180, the employer has not certified to OSHA the hazards related to protective eye wear, electrical strain relief and documentation of fall protection training issued on January 24, 2025 had been abated.

Issued

May 1, 2025

Abate by

May 30, 2025

Penalty

Initial $0 · Current $0

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.  On or about May 1, 2025, with respect to a worksite located at 475 Celtic Sea Way Wrightstown, WI 54180, the employer has not provided the Agency with abatement certification documentation demonstrating the corrective actions taken to abate the hazards related to ladders  issued on January 24, 2025 had been abated.

Issued

Jan 24, 2025

Abate by

Feb 24, 2025

Penalty

Initial $3,192 · Current $1,441 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 January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, employees of Vistain Building, LLC were observed using pneumatic nail guns to apply, and hand-held circular saws to cut, OSB board during a residential roofing project without the use of eye protection.

Issued

Jan 24, 2025

Abate by

Feb 24, 2025

Penalty

Initial $2,553 · Current $1,441 Reduced

General-duty citation text

29 CFR  1926.405(g)(2)(iv): Strain relief. Flexible cords shall be connected to devices and fittings so that strain relief is provided which will prevent pull from being directly transmitted to joints or terminal screws.  a) On or about January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, the employer did not ensure that the power cable of a Rolair air compressor was equipped with strain relief when the clamp connector had separated from the locknut in the electrical box that housed the switch of the compressor. This exposed employees to potential electrical hazards of the live components if they were contacted by an employee, or if the live electrical parts contacted the housing of the pressure switch.  b) On or about January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, the employer did not ensure that the power cable of a Rolair air compressor was equipped with strain relief when the clamp connector had separated from the locknut in the electrical box that housed the switch of the compressor. This exposed employees to potential electrical hazards of the live components if they were contacted by an employee, or if the live electrical parts contacted the housing of the pressure switch.  c) On or about January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180,  the employer did not ensure that the power cable of a Rolair air compressor was equipped with strain relief as the cable insulation had pulled away from the plug, exposing the inner wires. This exposed employees to potential electrical hazards of the live components if they were contacted by an employee while attempting to plug in the compressor.

Issued

Jan 24, 2025

Penalty

Initial $4,469 · Current $2,000 Reduced

General-duty citation text

29 CFR  1926.451(g)(1): Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1)(i) through (vii) of this section establish the types of fall protection to be provided to the employees on each type of scaffold. Paragraph (g)(2) of this section addresses fall protection for scaffold erectors and dismantlers. Note to paragraph (g)(1): The fall protection requirements for employees installing suspension scaffold support systems on floors, roofs, and other elevated surfaces are set forth in subpart M of this part.  On or about January 7, 2025, an employee of Vistain Building, LLC was exposed to fall hazards of greater than eleven feet while measuring OSB Board stacked on the elevated forks of a Genie GTH-1056 without the use of fall protection. The employee was observed standing and kneeling on the OSB Board which acted as a work platform while the forks were elevated.

Issued

Jan 24, 2025

Penalty

Initial $0 · Current $0

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 January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, employees of Vistain Building, LLC were exposed to falls of ten feet and greater while conducting sheathing operations on a new residential construction without the use of conventional fall protection.  b.  On and before January 7, 2025, employees of Vistain Building, LLC were exposed to fall hazards of greater than 9 feet while conducting framing operations near the opening for a basement access area of a new residential construction without the use of fall protection.

Issued

Jan 24, 2025

Abate by

Feb 24, 2025

Penalty

Initial $3,192 · Current $2,000 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.  On or about January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, employees were exposed to fall hazards of ten feet when using a Werner Model D1216-2 Extension ladder to access and egress a roof for sheathing operations. The ladder was not extended at least three feet above the roof's surface, nor was it secured to the roof with a grab rail installed for employees to use.

Issued

Jan 24, 2025

Abate by

Feb 24, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1053(b)(5)(i): Non-self-supporting ladders shall be used at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder (the distance along the ladder between the foot and the top support).  On or about January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, employees were exposed to fall hazards of ten feet when using a Werner Model D1216-2 Extension ladder to access and egress a roof for sheathing operations. The ladder was set up to where the horizontal distance from the top support to the foot of the ladder was one-half of the working length of the ladder.

Issued

Jan 24, 2025

Abate by

Feb 24, 2025

Penalty

Initial $359 · Current $0 Reduced

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 January 7, 2025, with respect to an worksite located at 475 Celtic Sea Way, Wrightstown, WI 54180, the employer had not ensured that fall protection training was documented by way of written certification for each employee performing roofing work on the residential jobsite.