Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1801126.015
Citation: 01002
Citation Type: Willful
Abatement Status: Not Completed - Worksite Changed
Initial Penalty: $72,826.00
Current Penalty: $72,826.00
Issuance Date: 04/07/2025
Nr Instances: 3
Nr Exposed: 4
Abatement Date: 05/22/2025
Gravity: 10
Report ID: 0134000
Contest Date: 09/11/2025
Final Order:
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | C: Contested | 09/18/2025 | $72,826.00 | 05/22/2025 | Willful | |
Penalty | Z: Issued | 04/07/2025 | $72,826.00 | 05/22/2025 | Willful |
Text For Citation: 01 Item/Group: 002 Hazard:
29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b). The employer does not require the use of any form of fall protection during roofing work. This violation was most recently observed at the Worksite at 1 Bailey Road, Tewksbury, MA, where multiple employees were not protected from fall hazards between 10 and 22 feet to the ground. To abate this violation, the employer must ensure that its employees performing roofing work are protected from falls, and that no employee is allowed onto a roof more than 6 feet high without adequate fall protection. Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards. (An abatement plan and periodic progress reports may also be required if the abatement period is more than 90 days). The employer routinely fails to ensure that each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels is protected by guardrail systems, safety net system, or personal fall arrest system, and employee(s) are not provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b), as observed by CSHO on 1/30/2025, and for the multiple 1926.501(b)(13) serious, and repeat-serious violations of this standard by this employer: JM Exterior Siding Corporation was previously cited for a Repeat-Serious violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1677336, citation number 2, item number 1 and was affirmed as a final order on 11/02/2023, with respect to a workplace located at 130 Main Street, Plaistow, NH 03856. JM Exterior Siding Corporation was previously cited for a Serious violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1671618, citation number 1, item number 3-a and was affirmed as a final order on 11/02/2023, with respect to a workplace located at 77 North Main St, Salem, NH 03079. JM Exterior Siding Corporation was previously cited for a Serious violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1556585, citation number 1, item number 1 and was affirmed as a final order on 03/09/2022, with respect to a workplace located at 219-221 Broadway, Methuen, MA 01844. JM Exterior Siding Corporation was previously cited for a Serious violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(11), which was contained in OSHA inspection number 1545708, citation number 1, item number 1-c and was affirmed as a final order on 10/28/2021, with respect to a workplace located at 907 1st NH Turnpike, Northwood, NH 03261.