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Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1572692.015
Citation: 01001
Citation Type: Willful
Abatement Status: Corrected During Inspection
Initial Penalty: $31,906.00
Current Penalty: $31,906.00
Issuance Date: 04/14/2022
Nr Instances: 1
Nr Exposed: 2
Abatement Date:
Gravity: 10
Report ID: 0522500
Contest Date:
Final Order: 06/30/2022
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | Z: Issued | 04/14/2022 | $31,906.00 | Willful |
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. The employer makes no attempt to protect employees from fall hazards as observed while framing work was being done with the absence of required fall protection mitigations. This most recently occurred on January 14, 2022, at a new build residential subdivision located at Vicinity of Lot 138, 5518 Oakhurst Drive, Hebron, Ohio. The employer neglected to safeguard employees conducting framing work at the unprotected side and edge of the second floor level of the new build residential construction worksite. Estanislao Velazquez-Trujillo had been previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13) which was contained in inspection numbers: 1) 1559472, Citation 2, Item 3, Issued on 05 NOVEMBER 2021 2) 1476705, Citation 1, Item 1, Issued on 05 JUNE 2020 3) 1475141, Citation 1, Item 3, Issued on 26 MAY 2020 Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from the fall hazards.