OSHA Inspection: ROGELIO MAGUELLAL RODRIGUEZ

Issued

Apr 3, 2026

Penalty

Initial $29,790 · Current $8,000 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.  Rogelio Maguella Rodriguez DBA Don Nico's Roofing, LLC does not require the use of fall protection during roofing operations.  This violation was most recently observed on March 10, 2026, at a residential roofing project located at 433 Aldon Circle, Ashwaubenon, Wisconsin.  Employees were exposed to falls of over 43 feet while installing asphalt shingles without their harness being connected to lifelines while working on the roof.  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.  Don Nico's Roofing, LLC 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 1830451, citation number 1, item number 2 and was affirmed as a final order on July 9, 2025, with respect to a workplace located at 3541 Windward Lane, Appleton, Wisconsin.  Rogelio Maguella Rodriguez DBA Don Nico's Roofing, LLC 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 1818735, citation number 1, item number 1 and was affirmed as a final order on July 22, 2025, with respect to a workplace located at 101 Beckerae Court, Wrightstown, Wisconsin.  Rogelio Maguella Rodriguez DBA Rogelio Maguellal 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 1591015, citation number 2, item number 1 and was affirmed as a final order on August 4, 2022, with respect to a workplace located at 451 Green Haven Lake, Kaukauna, Wisconsin.  Rogelio Maguella Rodriguez DBA Rogelio Maguellal 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 1517364, citation number 1, item number1-a and was affirmed as a final order on June 29, 2021, with respect to a workplace located at 2642 Orion Trail, Bellevue, Wisconsin.

Issued

Apr 3, 2026

Abate by

May 1, 2026

Penalty

Initial $11,916 · Current $0 Reduced

General-duty citation text

29 CFR  1926.503(a)(1): The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.  On or about March 10, 2026, at a worksite located at 433 Aldon Circle, Ashwaubenon, Wisconsin, the employer did not ensure that employees exposed to fall hazards of over 43 feet while conducting shingle installation had received training in the recognition of fall hazards and methods to mitigate those hazards prior to exposure.  Rogelio Maguellal Rodriguez DBA Don Nico's Roofing, LLC 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 1517364, citation number 1, item number 1-b and was affirmed as a final order on June 29, 201, with respect to a workplace located at 2642 Orion Trail, Bellevue, Wisconsin.