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 systems. This most recently occurred on November 5, 2019, at the residential site located at 988 Zeller Drive, Lot 615, in Pickerington, Ohio. The employer failed to ensure employees performing framing work from the second floor were protected from fall hazards while setting walls, thereby exposing them to an approximately eleven foot fall hazard. MMD Framing, LLC was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13) which contained inspection numbers: 1) 1390339, Citation 2  Item 1, Issued on 05/23/2019 2) 1330328, Citation 2  Item 1, Issued on 07/31/2018 2) 974283, Citation 1  Item 1, Issued on 05/16/2014 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.