Inspection Detail

Inspection: 123155640 - Oliveira Builders & Framers Incorporated

Inspection Information - Office: Bridgeport Area Office

Investigation Summary

On September 23, 2004, Employee #1, of Oliveira Builders and Framers, Inc., was working with a foreman and a coworker to remove triple windows from a residential building under construction in Los Angeles, CA. The foreman instructed the coworker to remove the last triple window remaining on the northeast corner of the fourth floor. The coworker used the aerial lift to access the false roof on the northeast corner of the building. He then stepped out of the basket of the aerial lift to remove the nails securing the window. The foreman then instructed Employee #1, who was on the fourth floor, to assist the coworker. Employee #1 stepped out of the window opening from the fourth floor and, while assisting the coworker in removing the nails, lost his balance and fell 40 ft to the ground. He sustains injuries that required hospitalization. Employee #1 was not using any form of fall protection at the time of the accident. The employer was cited for a violation of 29 CFR 1926.501(b)(1), for failure to have Employee #1 utilize a fall protection system. Other employees at the site were also working without fall protection on the 40 ft high false roofs on the northeast and southeast corners of the building and on the 30 ft high false roofs on the northwest and southwest corners of the building. These workers were exposed to between 5 and 10 minutes during each of four instances, during which they stepped out of the basket of the aerial lift and disconnected their fall protection from the basket during window removal to step inside the building and bring in the window. The construction management company that contracted the framing contractor had three representatives on site: a project manager,a superintendent, and an assistant superintendent. All three were on site daily and conducted daily walkarounds of the site. The construction manager had a written safety program, safety rules and a disciplinary action policy for subcontractors violating the safety rules. After this accident, the construction manager issued a written warning to the framing contractor for the fall protection violation. None of the representatives from the construction manager were aware that the subcontractor's employees were removing the four triple windows while standing on the false roof and not utilizing fall protection. Because each instance was only 5 to 10 minutes in duration, it was reasonable for the representatives not to be aware of the cited conditions.

Keywords: DISMANTLING, WORK RULES, CONSTRUCTION, FALL, FALL PROTECTION, LOST BALANCE, TIE-OFF