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. Bacilio Rios dba Chilos Construction does not require the use of fall protection during roofing operations. This violation was most recently observed on July 7, 2023, at a residential re-roofing project located at 217 East Broadway Drive, Appleton, Wisconsin. Employees were exposed to falls hazards of 8 feet 3 inches to a maximum of over 25 feet while installing new asphalt shingles without any form of fall protection. Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 1 and was affirmed as a final order on April 11, 2023, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.