OSHA Inspection: MARVIN IBOY

Issued

2026-04-15

Penalty

Initial $3972 · Current $3000 Reduced

General-duty citation text

29 CFR  1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m)  or more above lower levels was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501(b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502:   a) 513 East Park Dr, Fairmont, WV: On or about March 10, 2026 and at times prior, employees were exposed to a fall hazard of approximately 25 feet while performing roofing activities on an upper low-slope roof without fall protection.  b) 513 East Park Dr, Fairmont, WV: On or about March 10, 2026 and at times prior, employees were exposed to a fall hazard of approximately 12 feet while performing roofing activities on a lower low-slope roof without fall protection.  No abatement certification or documentation required.

Issued

2026-04-15

Abate by

2026-06-02

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.20(b)(1): A safety and health program was not initiated and maintained to provide compliance with the general safety and health provisions of the standard.   a) On or about March10, 2026, a safety and health program had not been initiated and maintained which addressed the following basic elements:   1. Management Leadership-Management leadership means that business owners, managers and supervisors:  - Make worker safety and health a core organizational value.  -Are fully committed to eliminating hazards, protecting workers and continuously improving workplace safety and health.  -Provide sufficient resources to implement and maintain the safety and health program.  -Visibly demonstrate and communicate their safety and health commitment to workers and others.  -Set an example through their own actions.   2. Worker Participation-All workers at a worksite should participate, including those employed by contractors, subcontractors and temporary staffing agencies. In an effective safety and health program, all workers:  -Are encouraged to participate in the program and feel comfortable providing input and reporting safety or health concerns.  -Have access to information they need to participate effectively in the program.  -Have opportunities to participate in all phases of program design and implementation.  -Do not experience retaliation when they raise safety and health concerns, report injuries, illnesses and hazards, participate in the program or exercise safety and health rights.   3. Hazard Identification and Assessment - To identify and assess hazards, employers and workers:  -Collect and review information about the hazards present or likely to be present in the workplace.  -Conduct initial and periodic workplace inspections of the workplace to identify new or recurring hazards.  -Investigate injuries, illnesses, incidents and close calls/near misses to determine the underlying hazards, their causes and safety and health program shortcomings.  -Group similar incidents and identify trends in injuries, illnesses and hazards reported.  -Consider hazards associated with emergency or non-routine situations.  -Determine the severity and likelihood of incidents that could result for each hazard identified and use this information to prioritize corrective actions.   4. Hazard Prevention and Control - To effectively control and prevent hazards, employers should:  -Involve workers, who often have the best understanding of the conditions that create hazards and insights into how they can be controlled.  -Identify and evaluate options for controlling hazards, using a "hierarchy of controls."  -Use a hazard control plan to guide the selection and implementation of controls and implement controls according to the plan.  -Develop plans with measures to protect workers during emergencies and non-routine activities.  -Evaluate the effectiveness of existing controls to determine whether they continue to provide protection, or whether different controls may be more effective.  -Review new technologies for their potential to be more protective, more reliable, or less costly.   5. Education and Training - Education and training provides employers, managers, supervisors and workers with:  -Knowledge and skills needed to do their work safely and avoid creating hazards that could place themselves or others at risk. - Awareness and understanding of workplace hazards and how to identify, report, and control them.  -Specialized training when their work involves unique hazards.   6. Program Evaluation and Improvement - Program evaluation and improvement includes:  -Establishing, reporting and tracking goals and targets that indicate whether the program is making progress.  -Evaluating the program initially and periodically thereafter to identify shortcomings and opportunities for improvement.  -Providing ways for workers to participate in program evaluation and improvement.   7. Communication and Coordination for Host Employers, Contractors and Staffing Agencies - Effective communication and coordination among such employers means that before coming on site, contractors and staffing agencies and their workers are aware of:  -The types of hazards that may be present.  -The procedures or measures they need to use to avoid or control their exposure to these hazards.  -How to contact the host employer to report an injury, illness or incident or if they have a safety concern.   8. It also means that host employers and their workers are aware of:  -The types of hazards that may arise from the work being done on site by workers employed by contractors or staffing agencies.  -The procedures or measures needed to avoid or control exposure to these hazards.  -How to contact the contract or staffing firm if they have a safety concern.  -What to do in case of an emergency.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

2026-04-15

Abate by

2026-06-02

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(a)(1): The employer did not provide a training program for each employee potentially exposed to fall hazards to enable each employee to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards:  a) 513 East Park Dr, Fairmont, WV: On or about March 10, 2026 and at times prior, employees performing roofing work were not adequately trained to recognize fall hazards or the proper use of fall protection systems and were observed working on roofs without fall protection, exposing them to fall hazards of up to approximately 25 feet.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

2026-04-15

Abate by

2026-05-04

Penalty

Initial $2838 · Current $1500 Reduced

General-duty citation text

29 CFR  1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed:  a) 513 East Park Dr, Fairmont, WV: On or about March 10, 2026 and at times prior, employees were exposed to a fall hazard of approximately 25 feet while accessing an upper roof using a portable ladder that did not extend at least 3 feet above the landing surface.  b) 513 East Park Dr, Fairmont, WV: On or about March 10, 2026 and at times prior, employees were exposed to a fall hazard of approximately 12 feet while accessing a lower roof using a portable ladder that did not extend at least 3 feet above the landing surface.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.