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

29 CFR 1926.451(f)(7): The employer does not ensure that scaffolds are erected, moved, dismantled, or altered by trained and experienced employees under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration. Such activities are not performed only by experienced and trained employees selected for such work by the competent person. The employer fails to ensure effective protections as required by the standard as demonstrated on November 20, 2024 when a scaffold with numerous structural defects including those listed below was erected by untrained employees without the supervision and direction of a competent person. a) Working platforms and walkways were not completely decked. b) Fall protection was not provided. c) The scaffold was constructed within the minimum tolerance for live electrical lines. d) The scaffold was missing components such as mudsills and had damaged components such as crossbraces. A Notice of Imminent Danger was posted on the rungs of the ladder used to access the scaffold by the CSHO due to the ongoing nature of the various hazards, but was removed by an unknown party prior to the hazards being corrected. Stephen Pomazi Inc. was previously inspected and cited in 2014 under almost identical circumstances. OSHA Inspection 978877, Citation 1-3a: 29 CFR 1926.451(f)(7). Stephen Pomazi was cited for not erecting, moving, or altering a scaffold under the direction and supervision of a competent person. He showed an intentional disregard for the requirements of the OSH Act and a plain indifference to employee safety and health in that employees were exposed to the same hazards under almost identical conditions on November 20, 2024. In both instances, employees were working at heights without fall protection and using improperly constructed scaffolding among other apparent violations.