Text For Citation: 01 Item/Group: 002 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. The employer does not protect each employee from the hazard of falling by the use of fall protection systems. This most recently occurred on June 8, 2020 on the job site located at Back Stretch Way, Homesite 81, Grove City, Ohio, 43123. The employer failed to ensure that employees who were performing framing work from the roof of a new build, single story, residential home were protected from fall hazards while sheathing the roof, exposing employees to an approximate 10 foot 4 inch fall hazard. Martin Venegas was previously cited for a Willful violation of this occupational safety and health standard, which was contained in OSHA inspection number 1463886, citation number 2, item number 1 and was affirmed as a final order on April 16, 2020 with respect to a workplace located at 11988 Warbler Way, Lot 1271, Plain City, OH 43064. Martin Venegas was previously cited for a Willful violation of this occupational safety and health standard, which was contained in OSHA inspection number 1461062, citation number 1, item number 1 and was affirmed as a final order on June 6, 2020 with respect to a workplace located at 10701 Killaloe Dr., Dublin, OH 43017. Martin Venegas was previously cited for a Willful violation of this occupational safety and health standard, which was contained in OSHA inspection number 1427508, citation number 2, item number 1 and was affirmed as a final order on February 24, 2020 with respect to a workplace located at 11920 Warbler Way, Plain City, OH 43064. Martin Venegas was previously cited for a Willful violation of this occupational safety and health standard, which was contained in OSHA inspection number 1296904, citation number 2, item number 1 and was affirmed as a final order on May 1, 2018 with respect to a workplace located at 6224 Central College Road, New Albany, OH 43054. Martin Venegas was previously cited for a Willful violation of this occupational safety and health standard, which was contained in OSHA inspection number 1223547, citation number 1, item number 1 and was affirmed as a final order on August 10, 2017 with respect to a workplace located at Building #15, Rolfe Road, New Albany, OH 43054. Martin Venegas was previously cited for a Repeat violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(1), which was contained in OSHA inspection number 1177866, citation number 2, item number 1 and was affirmed as a final order on December 7, 2016 with respect to a workplace located at Life Style Communities Building, 14 Central Parkway, New Albany, OH 43054. Martin Venegas was previously cited for a Repeat violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(1) which was contained in OSHA inspection number 1126073, citation number 2, item number 1 and was affirmed as a final order on April 12, 2016 with respect to a workplace located at 6505-6514 Yacca Way, Canal Winchester, OH 43110.