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Violation Detail

Standard Cited: 19260501 B13 Duty to have fall protection.

Inspection Nr: 1662599.015

Citation: 01001

Citation Type: Repeat

Abatement Status: Corrected During Inspection

Initial Penalty: $15,627.00

Current Penalty: $10,000.00

Issuance Date: 05/03/2023

Nr Instances: 1

Nr Exposed: 2

Abatement Date:

Gravity: 5

Report ID: 0521100

Contest Date:

Final Order: 05/18/2023

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 05/18/2023 $10,000.00   Repeat  
Penalty Z: Issued 05/03/2023 $15,627.00   Repeat  

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. On or about April 11, 2023 at location 1031 Spruce Drive, Sturgeon Bay, Wisconsin: employees were performing residential roofing activities without any form of conventional fall protection while exposed to fall hazards of approximately 19 feet and a roof pitch of 4:12. 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. Steve Fischer Construction LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1426854, citation number 1, item number 1 and was affirmed as a final order on August 31, 2020, with respect to a workplace located at Spring and Oconnell Street, FOX LAKE, WI 53933.

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