Text For Citation: 01 Item/Group: 001A Hazard:

29 CFR 1910.28(b)(7): The employer did not ensure that each employee on a walking-working surface near an opening, including one with a chute attached, where the inside bottom edge of the opening is less than 39 inches (99 cm) above that walking-working surface and the outside bottom edge of the opening is 4 feet (1.2 m) or more above a lower level is protected from falling by the use of one of the systems listed in 29 CFR 1910.28(b)(7)(i)-(iv). A.) Andy's Equipment Exchange, Inc., Freight Elevator, On 5/14/24, and times prior thereto: An employee used a common tool to open the hoist way doors of the freight elevator to access the elevator hoist way. The elevator car was not located where the hoist way doors were opened creating an unguarded wall opening. The employee fell approximately 30 feet through the unguarded wall opening sustaining fatal injuries. ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation. This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement. IN ADDITION, abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic, or video evidence or abatement or other written records.