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

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. The employer does not require that employees working at heights over 6 feet have fall protection training. This violation was most recently documented at the worksite at 90 Newbury St., Framingham, MA, where multiple employees were working on a roof approximately 20 feet above ground level and they had not received fall protection training. To abate this violation the employer must ensure that its employees performing roofing work have adequate training in how to properly recognize the hazards of falling and the procedures to be followed in order to minimize those hazards to protect them from falls and that no employee is allowed onto a roof more than 6 feet high without adequate fall protection training. Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including the names and qualifications of the persons it is designating as competent and a description of their responsibilities. The employer routinely fails to 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 to minimize these hazards, as observed by CSHOs on September 11, 2024, as well as prior inspections of either this employer or another business owned by the same owner with 503(a)(1) citations, including each of the below examples: -OSHA previously issued a citation alleging a Willful-Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1691549, citation number 2, item number 2 and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, Inc., having the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave, Hyde Park, MA. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1593445, citation number 1, item number 1 and was affirmed as a final order on 6/29/2022 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, Inc., having the same owner as Brothers Construction Services, Inc.,, with respect to a workplace located at 90 Eames St., Framingham, MA 01702. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.503(a)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 2, and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., having the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492. OSHA also previously issued multiple fall protection and other citations to a second different company owned by Mr. Santos. The name of this previous company was A S General Construction, Inc. This company failed to pay penalties and failed to comply with the applicable standards, and so the Secretary of Labor had to obtain an enforcement order under Section 11(b) of the Act in 2016 - see First Circuit Case No. 16-1683.