Text For Citation: 02 Item/Group: 002 Hazard:

29 CFR 1926.503(a)(1): The employees are not provided with a training program for each employee potentially exposed to fall hazards to enable that employee to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards. The employer does not require fall training during construction work activities. This violation was most recently observed at: Weeping Willow Way, Lot TS-10, Camillus, NY 13031, as described below: a) Entire work site, on or about 4-24-15: Three employees were working on various elevated surfaces (top plate, floors, trusses) without the training necessary for the employees to recognize the hazards associated with falls and their work, exposing the employees to fall hazards of up to 18 feet 4 inches. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM To abate this violation, the employer must ensure that it its employees engaged in construction work are trained in the hazards 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 training. 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 through training in 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, therefore knowing that there is a requirement for fall training. 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 fall training, safety materials and/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 training or 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 and they were not trained in the proper use of those fall protection attachments. 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, 1926.503(a)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 998338, CITATION NUMBER 2, ITEM NUMBER 2, ISSUED ON 11-26-14, WITH RESPECT TO A WORKPLACE LOCATED AT 10 GRANT WOOD WAY, EVESHAM, NJ, 08053. 4 X 4 GENERAL CONTRACTORS WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OR A SIMILAR OCCUPATIONAL SAFETY AND HEALTH STANDARD, 1926.503(a)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 989466, CITATION NUMBER 2, ITEM NUMBER 1B, 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, 1926.503(a)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 981496, CITATION NUMBER 1, ITEM NUMBER 1B, 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, 1926.503(a)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 980608, CITATION NUMBER 1, ITEM NUMBER 1B, ISSUED ON 7-8-14, WITH RESPECT TO A WORKPLACE LOCATED AT LOT 256, CANAL VIEW DEVELOPMENT, MIDDLETOWN, DE, 19709.