Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1566531.015
Citation: 01002
Citation Type: Willful
Abatement Status: Not Completed - Employer Out of Business
Initial Penalty: $63,812.00
Current Penalty: $63,812.00
Issuance Date: 02/24/2022
Nr Instances: 1
Nr Exposed: 7
Abatement Date: 03/22/2022
Gravity: 10
Report ID: 0522300
Contest Date: 05/16/2022
Final Order: 09/29/2023
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 09/29/2023 | $63,812.00 | 03/22/2022 | Willful | |
Penalty | C: Contested | 05/17/2022 | $63,812.00 | 03/22/2022 | Willful | |
Penalty | Z: Issued | 02/24/2022 | $63,812.00 | 03/22/2022 | Willful |
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. The employer does not protect each employee from fall hazards while performing roofing activities on residential structures with unprotected sides and edges at height of approximately 9.4 feet above the ground by the use of guard rail systems, safety net systems, and or personal fall arrest systems. This most recently occurred on December 2, 2021, during the installation of roofing material at a job site located at 4694 Wyoga Lake Rd, Stow, Ohio 44224; the employer did not ensure that all employees working on the roof of a single family home were protected from a fall of approximately 9.4 feet by utilizing a fall protection system. To abate this hazard in the future, the employer must ensure employees are provided with, and required to use, fall protection in accordance with this standard, and that no employees are permitted to work from elevations six (6) feet of greater without being provided fall protection systems or devices. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps they are taking to ensure compliance, including an explanation of how these steps protect its employees from fall hazards. Ivan Lowky, D.B.A. ILS Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA Inspection Number 1501432, Citation Number 02, Item Number 02, and was affirmed as a final order on March 23, 2021, with respect to a workplace located at 173 Applegrove St. NE, Canton, Ohio.