Violation Detail
Standard Cited: 19260501 B02 I Duty to have fall protection.
Inspection Nr: 1622657.015
Citation: 01001
Citation Type: Other
Abatement Status: Corrected During Inspection
Initial Penalty: $7,813.00
Current Penalty: $7,500.00
Issuance Date: 02/03/2023
Nr Instances: 1
Nr Exposed: 4
Abatement Date:
Gravity: 5
Report ID: 0215600
Contest Date: 02/16/2023
Final Order: 06/23/2023
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 06/23/2023 | $7,500.00 | Other | ||
| Penalty | C: Contested | 02/22/2023 | $7,813.00 | Serious | ||
| Penalty | Z: Issued | 02/03/2023 | $7,813.00 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 1926.501(b)(2)(i): Each employee who is constructing a leading edge 6 feet (1.8 m) or more above lower levels were not protected from falling by guardrail systems, safety net systems, or personal fall arrest systems. 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 09/01/2022, New Construction Project located at: 27-01 Jackson Ave. LIC, NY. Employees erecting a 14 ft. high sidewalk shed were exposed to fall hazards. The employer did not develop and implement a fall protection plan when other methods such as, but not limited to, personal fall protection system, or engineering controls were infeasible at the site.
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