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Violation Detail
Standard Cited: 19260501 B10 Duty to have fall protection.
Inspection Nr: 1679384.015
Citation: 01001
Citation Type: Repeat
Abatement Status: Corrected During Inspection
Initial Penalty: $62,500.00
Current Penalty: $40,000.00
Issuance Date: 09/15/2023
Nr Instances: 1
Nr Exposed: 15
Abatement Date:
Gravity: 10
Report ID: 0830300
Contest Date:
Final Order: 10/10/2023
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 10/10/2023 | $40,000.00 | Repeat | ||
| Penalty | Z: Issued | 09/15/2023 | $62,500.00 | Repeat |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 1926.501(b)(10):Each employee engaged in roofing activities on low-slope roofs with unprotected sides and edges 6 feet or more above lower levels and 50-feet (15.25 m) wide or less, was not protected from falling by guardrail systems, safety net systems, or personal fall arrest systems a) At Century East Apartment Building #1 - 2909 Ohio Street and Building #5 - 1823 Mapleton Avenue, Bismarck, ND, 58503 on June 26, 2023, the employees engaged in roofing operations on a roof of a commercial apartment building were exposed to fall hazards greater than 25 feet. J&E Hernandez Construction 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 1610763, citation number 2, item number 2 and was affirmed as a final order on February 1, 2023, with respect to a workplace located at 7913 Wilson Drive, Sioux Falls, SD 57106. J&E Hernandez Construction 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 1538982, citation number 1, item number 1 and was affirmed as a final order on September 14, 2021, with respect to a workplace located at 4200 Creekside Circle, Sioux Falls, SD 57106. J&E Hernandez Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(10), which was contained in OSHA inspection number 1495364, citation number 1, item number 1, and was affirmed as a final order on November 3, 2020, with respect to a workplace located at 1000 East Teakwood Street, Brandon, SD 57005. J&E Hernandez Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(11), which was contained in OSHA inspection number 1483014, citation number 2, item number 1, and was affirmed as a final order on November 3, 2020, with respect to a workplace located at 1600 East 77th Street, Sioux Falls, SD 57104. J&E Hernandez Construction 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 1437971, citation number2, item number 1, and was affirmed as a final order on October 18, 2019, with respect to a workplace located at 4505 South Cliff Avenue, Sioux Falls, SD 57103. J&E Hernandez Construction 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 1396121, citation number 1, item number 2, and was affirmed as a final order on July 9, 2019, with respect to a workplace located at 7808 West Stoney Creek Street, Sioux Falls, SD 57106.