Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 912833.015
Citation: 01002
Citation Type: Repeat
Abatement Date: 3
Initial Penalty: $14,000.00
Current Penalty: $9,800.00
Issuance Date: 07/11/2013
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC):
Gravity: 10
Report ID: 0216000
Contest Date: 07/30/2013
Final Order: 10/17/2013
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 10/17/2013 | $9,800.00 | Repeat | ||
Penalty | C: Contested | 09/04/2013 | $14,000.00 | Repeat | ||
Penalty | Z: Issued | 07/11/2013 | $14,000.00 | Repeat |
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. On or about 6/17/2013, Hammersley Ave. a) The employees worked on the roof and were not protected from falling. The J. Salvatore & Sons, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 313000689, citation 2, item 1 and was affirmed as a final order on 11/16/2010, with respect to a workplace located at 10 Morningside Place, North White Plains, NY.