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 does not protect each employee from the hazard of falling by the use of fall protection systems. The most recently occurred on May 05, 2022, at a new build residential subdivision located at Lot# RVO 341, 482 Rochdale Run, Delaware, Ohio. The employer failed to ensure that employees who were performing framing work from the second floor of a new build residential home were protected from fall hazards while sheathing the second floor, thereby exposing them to a fall hazard from approximately ten feet. Antonio Aguilar Alva was previously cited for a willful-serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1563350, citation number 2, item number 1 and was affirmed as a final order on December 30, 2021, with respect to a workplace located at 750 Wharnclifff Loop, Pickerington, Ohio 43147. Antonio Aguilar Alva was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1480837, citation number 1, item number 2 and was affirmed as a final order on December 04, 2020, with respect to a workplace located at 223 Kohler Street, Pickerington, Ohio 43147.