Text For Citation: 01 Item/Group: 003 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. The employer does not protect each employee from the hazard of falling by the use of fall protection systems. This most recently occurred on May 7, 2020, at the residential site located at 149 Thrush Circle in Pickerington, Ohio. The employer failed to ensure employees performing framing work onsite were protected from falls while framing second story walls at unprotected edges and at unprotected window openings. On May 12, 2020, employees were exposed to falls while sheathing the roof trusses. Jerry Turnbaugh 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 inspection number: 1) 1384927, Citation 1  Item 1, Issued on 04/08/2019 2) 1301052, Citation 1  Item 4, Issued on 03/29/2018 Pursuant to 29 CFR 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 the fall hazards.