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 does not protect each employee from the hazard of falling by the use of fall protection devices. This most recently occurred on August 29, 2019, employees were performing framing work on a two story residential home without the use of fall protection. The employer also failed protect the stairway and the open edges of the second floor with a guardrail systems, safety net system, or personal fall arrest system. The employee was working on the roof and the second floor at elevated heights of over 9 feet, thereby exposing the employees to a fall hazard. Martin Venegas was previously cited for a violation of this occupational safety and health standard, or its equivalent standard, which was contained in OSHA inspection numbers: 1) 1296904 Willful Citation 2, item 1, Issued on 03/27/2018 2) 1223547 Willful Citation 1, item 1, Issued on 7/12/2017 3) 1177866 Repeat Citation 2, item 1, Issued on 10/07/2016 4) 1126073 Serious Citation 1, Item 1 and Repeat Citation 2, Item 1, Issued on 03/01/2016 5) 314593336 Serious Citation 1, Item 2, Issued 05/20/2011