OSHA Inspection: EJ CONSTRUCTION & ROOFING LTD

Issued

Mar 26, 2025

Abate by

May 30, 2025

Penalty

Initial $6,620 · Current $3,972 Reduced

General-duty citation text

29 CFR  1910.178(l)(2): Operator training. Training program implementation. (ii)Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.  a) On or about March 14, 2025, the employer failed to ensure that the operator of the JLG 1055 Telehandler (S/N: 0160102766) had completed formal instruction, practical training, and an evaluation of their performance prior to operating the telehandler. As a result, the employee was exposed to struck-by and crushing hazards associated with operating powered industrial trucks without proper training.

Issued

Mar 26, 2025

Penalty

Initial $13,240 · Current $7,944 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 March 14, 2025, the employer failed to ensure that employees performing roofing activities on a residential building were utilizing a fall protection system. As a result, employees were exposed to a fall hazard of at least 7 feet 10 inches.  EJ Construction & Roofing LTD 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 1648430, citation number 1, item number 3 and was affirmed as a final order on March 14, 2023, with respect to a workplace located at 2696 Redberry, Louisville, OH 44641.

Issued

Mar 26, 2025

Abate by

May 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(b)(1): Certification of training. 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.  a) On or about March 14, 2025, the employer did not ensure that written certification of training records for fall protection were being maintained in that the employer did not have training records for employees working at 9886 Fairwater Springs Drive, Dayton, OH 45458.