Text For Citation: 02 Item/Group: 001 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 fails to provide fall protection for roofers engaged in residential construction. The most recent incident of such failure occurred on May 3, 2018. Located throughout a residential roof structure, employees were observed performing roofing work while not utilizing a fall protection system. Potential fall heights were measured to be greater than 25 feet (uppermost roof) and 10 feet (lowest roof) above the ground below. Benny's Roofing LLC was previously cited in 2017 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 1205314, citation number 1, item number 1, final order date 3/8/2017 with respect to a workplace located at 8082 Big Oak Circle, Mason OH 45050.