Text For Citation: 02 Item/Group: 001 Hazard:

29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8m) or more above lower levels is not protected by guardrail systems, safety net systems, or personal fall arrest systems. These violations were most recently observed at: Weeping Willow Way, Lot TS-10, Camillus, NY 13031, as described below: a) South side of building, morning room, on or about 4-24-15: Two employees were setting trusses without fall protection, exposing the employees to a fall hazard of 18 feet 4 inches and 14 feet. b) Entire perimeter of second floor (deck) of building, on or about 4-24-15: Two employees were working on a floor deck with unprotected sides and edges, and were not protected from falls, exposing the employees to a fall hazard of up to 14 feet 2 inches. c) Center of building, second floor, on or about 4-24-15: Two employees were working in the vicinity of a stair opening and were not protected from falls, exposing the employees to a fall hazard 10 feet. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM To abate this violation, the employer must ensure that its employees engaged in construction work are protected from falls, and that no employee is allowed to work on a walking/working surface with an unprotected side or edge which is six (6) feet above a lower level without adequate fall protection. Pursuant to 29CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards. WILLFUL ELEMENTS 1. The employer knew the requirements of the standard: Owner Rogerio Rezende DeSouza has previously been cited on numerous projects for the same and/or substantially similar violations. 2. The employer knew of the condition and the exact facts of what was occurring: Owner Rogerio Rezende DeSouza hired employees from a Craigslist advertisement looking for Framers. Mr. DeSouza was familiar with the scope of work included in his bid items and did not supply safety materials or equipment for his employees on site. Mr. DeSouza submitted payment requests to Ryan Homes indicating that he was aware of the status of completion of the project. 3. Evidence existed that would compel one to believe that the condition , as it existed, did not comply with the standard: Owner Rogerio Rezende DeSouza had not visited the work site during the framing portion of the project. With total disregard, he did not provide employees with fall protection equipment which includes, but is not limited to, safety harnesses, lanyards, and ropes. Manufactured fall protection attachments, which were provided and delivered with the prefabricated/panelized framing package, were on site and not used, as employees had no means to connect to them. 4. The employer intended the result, non-compliance was not an accident: Owner Rogerio Rezende DeSouza has previously been cited on numerous projects for the same and/or substantially similar violations. Mr. DeSouza has intentionally ignored all previous citations and has allowed them to go to "final order". Mr. DeSouza has not made any payments on those previous citations and has shown a total disregard for worker safety. THE EMPLOYER HAS DISREGARDED ALL OSHA CORRESPONDENCE, WITH ALL INSPECTIONS REMAINING UNACKNOWLEDGED, AND THEREFORE BEING FORWARDED TO DEBT COLLECTION. THE EMPLOYER COMMITTED VIOLATIONS WITH PLAIN INDIFFERENCE TO THE LAW WHERE HIGHER MANAGEMENT OFFICIALS WERE AWARE OF AN OSHA REQUIREMENT APPLICABLE TO THE COMPANY?S BUSINESS, BUT MADE LITTLE OR NO EFFORT TO COMMUNICATE THE REQUIREMENT TO LOWER LEVEL SUPERVISORS AND EMPLOYEES. COMPANY OFFICIALS WERE AWARE OF A CONTINUING COMPLIANCE PROBLEM BUT MADE LITTLE OR NO EFFORT TO AVOID VIOLATIONS. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 974149, CITATION NUMBER 1, ITEM NUMBER 2, ISSUED ON 8-14-14, WITH RESPECT TO A WORKPLACE LOCATED AT 204 APPLEGARTH ROAD, BUILDING #14, MONROE TOWNSHIP, NJ, 08831. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 990967, CITATION NUMBER 1, ITEM NUMBER 1, ISSUED ON 9-15-14, WITH RESPECT TO A WORKPLACE LOCATED AT THE MEWS AT LAUREL CREEK, 551 CENTERTON ROAD, MOORESTOWN, NJ, 08057. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 989466, CITATION NUMBER 2, ITEM NUMBER 2A, ISSUED ON 8-14-14, WITH RESPECT TO A WORKPLACE LOCATED AT 219 WEST GEORGE STREET, PHILADELPHIA, PA, 19123. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 981496, CITATION NUMBER 1, ITEM NUMBER 1A, ISSUED ON 6-20-14, WITH RESPECT TO A WORKPLACE LOCATED AT 204 LAUREL STREET, PHILADELPHIA, PA, 19123. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(13), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 980608, CITATION NUMBER 1, ITEM NUMBER 1A, ISSUED ON 7-8-14, WITH RESPECT TO A WORKPLACE LOCATED AT LOT 256, CANAL VIEW DEVELOPMENT, MIDDLETOWN, DE, 19709. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 997801, CITATION NUMBER 1, ITEM NUMBER 1, ISSUED ON 12-2-14, WITH RESPECT TO A WORKPLACE LOCATED AT 4717 FREEMANSBURG AVENUE, BETHLEHEM, PA, 18020. *** 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.501(b)(4), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 989466, CITATION NUMBER 1, ITEM NUMBER 1, ISSUED ON 8-14-14, WITH RESPECT TO A WORKPLACE LOCATED AT 219 WEST GEORGE STREET, PHILADELPHIA, PA, 19123.