Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1669644.015
Citation: 01001
Citation Type: Willful
Abatement Status: Not Completed - Worksite Changed
Initial Penalty: $34,377.00
Current Penalty: $34,377.00
Issuance Date: 06/23/2023
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 07/13/2023
Gravity: 10
Report ID: 0522500
Contest Date:
Final Order: 07/20/2023
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | Z: Issued | 06/23/2023 | $34,377.00 | 07/13/2023 | 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. a. Located at 112 Starling Ct, Pickerington, OH 43147: On or about May 11, 2023, the employer failed to ensure employees were protected against fall hazards of approximately 22 feet while installing roof sheathing on an under construction residential home. Juan M Dominguez Martinez DBA Dominguez and Son Construction Company was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1571370, citation number 2, item number 1 and was affirmed as a final order on February 25, 2022, with respect to a workplace located at 6483 Sugar Run Dr. LOT 219, Hilliard, OH 43026. Juan M Dominguez Martinez DBA Dominguez and Son Construction Company was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1497112, citation number 1, item number 2 and was affirmed as a final order on February 12, 2021, with respect to a workplace located at 7290 Konold Court, Canal Winchester, OH 43110. Juan M Dominguez Martinez DBA Dominguez and Son Construction Company was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1428883, citation number 2, item number 2 and was affirmed as a final order on October 17, 2019, with respect to a workplace located at 6648 Buckmeyer Drive, Marysville, OH 43040. Juan M Dominguez Martinez DBA Dominguez and Son Construction Company was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1364366, citation number 1, item number 4 and was affirmed as a final order on January 31, 2019, with respect to a workplace located at 6590 Marshview Drive, Lot 93, Hilliard, OH 43026.