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 June 11, 2020, located at 5186 Tarlton Blvd, Lot #28, Hilliard, OH 43026, the employer did not ensure that employees involved in construction activities above the front porch roof beam on a two-story, single family home were protected against fall hazards through the use of guardrail systems, safety net system, or personal fall arrest system, thereby exposing them to fall hazards greater than 11 feet. Mena LLC was previously cited for violations of this Occupational Safety and Health standard, 29 CFR 1926.501(b)(13) contained in OSHA inspection number 1434272, Citation 1 Item 1, issued on 11/12/2019; OSHA inspection number 1411201, Citation 1 Item 1, issued on 6/26/2019; and OSHA inspection number 1206499, Citation 2 Item 1, issued on 2/14/2017.