OSHA Inspection: DINO VARGAS; NINO'S CONSTRUCTION LLC

Issued

2025-02-14 00:00:00

Penalty

Initial $4965.00 · Current $3476.00 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 January 17, 2025, the employer did not conduct adequate inspections of the job site. As a result, employees were exposed to fall heights greater than 9 ft in that fall protection was not being utilized while performing roofing work.

Issued

2025-02-14 00:00:00

Penalty

Initial $9930.00 · Current $6951.00 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. 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 before January 17, 2025, the employer failed to ensure that employees performing roofing on a residential home were utilizing a fall protection system. As a result, employees were exposed to fall heights greater than 9 ft.  Nino Vargas was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1798559, citation number 1, item number 1 and was affirmed as a final order on January 13, 2025, with respect to a workplace located at 3929 SR-503 Hamilton, OH 45013.