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

29 CFR 1926.501(b)(13): 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 isinfeasible 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. On or about June 14, 2011, at the above addressed jobsite, in lieu of conventional fall protection, the employer did not utilize an alternative fall protection plan as stated in STD 3-01A - Plain Languiage Revision of OSHA Instruction STD 3.1 Interim Fall Protection Compliance Guidelines for Residential Construction in that: 1. Employees working near the outside edge of the 2nd floor were not protected from falls.