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. The employer does not protect each employee from fall hazards while performing framing activities on residential structures with unprotected sides and edges at heights of approximately 26 feet above the ground by the use of guard rail systems, safety net systems, and or personal fall arrest systems. This most recently occurred on January 21, 2021, at a construction site located at Building 15, Concord Village, Chenin Run, Avon, Ohio. Employees were exposed to fall hazards of approximately 26 feet (3 stories) from the roof to the ground while installing a wood framed firewall structure during the construction of a residential townhouse, without the use of guardrail systems, safety net systems, and/or personal fall arrest systems. To abate this hazard in the future, the employer must ensure employees are provided with, and required to use, fall protection in accordance with this standard, and that no employees are permitted to work from elevations six (6) feet of greater without providing fall protection devices or systems. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including an explanation of how these steps protect its employees from fall hazards.