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Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1593906.015
Citation: 01001
Citation Type: Willful
Abatement Status: Not Completed - Worksite Changed
Initial Penalty: $31,906.00
Current Penalty: $31,906.00
Issuance Date: 09/27/2022
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 10/07/2022
Gravity: 10
Report ID: 0522500
Contest Date:
Final Order: 10/26/2022
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | Z: Issued | 09/27/2022 | $31,906.00 | 10/07/2022 | 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 does not protect each employee from the hazard of falling by ensuring the use of fall protection systems. This most recently occurred on May 5, 2022, at the 6591 Littlefield Drive, Lot 75, Westerville, Ohio 43081 jobsite. The employer failed to ensure that an employee was protected from falls while performing roofing work, thereby exposing the employee to fall hazard of over seven feet. Jara Construction Inc. was 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) 1519871, Cit 1, Item 2, Issued on 04/30/2021 2) 1518040, Cit 1, Item 1, Issued on 07/19/2021 3) 1512315, Cit 2, Item 1, Issued on 02/18/2021 4) 1479765, Cit 2, Item 2, Issued on 07/08/2020 5) 1450503, Cit 2, Item 1, Issued on 01/08/2020 6) 1401142, Cit 1, Item 2, Issued on 08/05/2019 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 associated with roofing work construction activities.