OSHA Inspection: DON NIKOLAI CONSTRUCTION & SUPPLY INC

Issued

Feb 7, 2025

Penalty

Initial $25,487 · Current $12,744 Reduced

General-duty citation text

29 CFR  1926.453(b)(2)(v):  Scaffolds.  Specific requirements.  Extensible and articulating boom platforms.  A body belt shall be worn and a lanyard attached to the boom or basket when 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).  a)  On or about January 16, 2025, at 2541 Foremost Road in Plover, Wisconsin, an employee was exposed to a fall hazard working from a Genie S-65 Telescopic Boom lift 10 feet above surface level without using required personal fall protection equipment.  b)  On or about January 16, 2025, at 2541 Foremost Road in Plover, Wisconsin, two employees were exposed to fall hazards working from a Skyjack SJ66T Telescopic Boom lift 10 feet above surface level without using required personal fall protection equipment.  c)  On or about January 16, 2025, at 2541 Foremost Road in Plover, Wisconsin, two employees were exposed to fall hazards working from a Skyjack SJ66T Telescopic Boom lift 17 feet above surface level without using required personal fall protection equipment.  The Don Nikolai Construction & Supply, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.453(b)(2)(v), which was contained in OSHA inspection number 1644386, citation number 01, item number 002 and was affirmed as a final order on May 2, 2023, with respect to a workplace located at 9004 Progress Way, Weston, WI  54476.

Issued

Feb 7, 2025

Abate by

Jun 2, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(a)(2)(iii):  The employer shall assure that each employee has been trained, as necessary, by a competent person qualified in the use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used.  On or about January 16, 2025, at 2541 Foremost Road in Plover, Wisconsin, the employer did not ensure employees had received required fall protection safety training prior to working at heights greater than six feet and from boom lifts during roofing and steel erection work.  The Don Nikolai Construction & Supply, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.503(a)(1), which was contained in OSHA inspection number 1644386, citation number 01, item number 01c and was affirmed as a final order on May 2, 2023, with respect to a workplace located at 9004 Progress Way, Weston, WI  54476.