Text For Citation: 03 Item/Group: 001 Hazard:

29 CFR 1926.1053(b)(16): Portable ladders with structural defects, such as, but not limited to, broken or missing rungs, cleats, or steps, broken or split rails, corroded components, or other faulty or defective components, are not either immediately marked in a manner that readily identifies them as defective, or tagged with "Do Not Use" or similar language, and are not withdrawn from service until repaired: a) Mews at Liberty Crossing, Lot B37, Worksite - The employer does not ensure that employees are not using defective ladders. A specific instance of this continuing violation was most recently observed on or about December 15, 2014 when employees used a 16-foot Keller Model 3116 ladder when the ladder's side rails were bent and twisted along the climbing surface. The employer's ongoing obligation is to remove any defective portable ladder from service after marking it in a manner that identifies it as defective or by placing a warning tag on the ladder. EXPRESS CONSTRUCTION 3 CORP. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD 29 CFR 1926.1053(b)(16) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 313983983, CITATION NUMBER 1, ITEM NUMBER 4, AND WAS AFFIRMED AS A FINAL ORDER ON 3/25/2011, WITH RESPECT TO A WORKPLACE LOCATED AT 1471-1505 SAINT GEORGE'S AVENUE, ROSELLE, NJ 07203. EXPRESS CONSTRUCTION 3 CORP. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD 29 CFR 1926.1053(b)(16) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 313981148, CITATION NUMBER 1, ITEM NUMBER 5, AND WAS AFFIRMED AS A FINAL ORDER ON 3/23/2011, WITH RESPECT TO A WORKPLACE LOCATED AT 122 VICTORY ROAD, SPRINGFIELD, NJ 07081.