Text For Citation: 01 Item/Group: 002 Hazard:

29 CFR 1926.501(b)(13): "Residential construction." Each employee engaged in residential construction activities six 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: a. Located at 7850 Ackerly Loop, in New Albany, Ohio, an employee was approximately 15 feet above the ground, cleaning mortar from a porch roof with a water hose without fall protection, thereby exposing the employee to a fall hazard.