Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1926.501(b)(13): "Residential construction." Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems. a. On or about November 21, 2019 at the Broadmoore Blvd., Lots 90A and 90B, Pataskala, Ohio worksite, the employer failed to provide fall protection and employees were not protected from falling while performing framing carpentry work on a two family residential condominium style home. A guardrail system, safety net system or personal fall arrest system was not utilized. Due to this condition, employees were exposed to fall hazards of approximately fifteen feet when performing framing installation and roof sheathing installation from the roof surface. Miguel Ramirez, the owner of Rojas Brother Construction LLC, was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1378451, citation number 1 item number 3 and was affirmed as a final order on March 26, 2019, with respect to a workplace located at 7267 Monarch Street, Canal Winchester, OH 43110.