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Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1481880.015
Citation: 02001
Citation Type: Repeat
Abatement Status: Not Completed - AD Discretion
Initial Penalty: $22,265.00
Current Penalty: $22,265.00
Issuance Date: 08/24/2020
Nr Instances: 1
Nr Exposed: 7
Abatement Date: 09/11/2020
Gravity: 10
Report ID: 0522000
Contest Date:
Final Order: 10/14/2020
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | Z: Issued | 08/24/2020 | $22,265.00 | 09/11/2020 | Repeat |
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. On July 1, 2020, located throughout a residential roof, employees were exposed to a fall hazard installing shingles onto a steep pitch roof while not utilizing any fall protection system. The potential fall height is measured to be 13 feet with a roof pitch of 6/12 & 16/12. The Hernandez Roofing, LLC 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 OSHA inspection number 1297758, citation number 2, item number 1 and was affirmed as a final order on 6/19/2018, with respect to a workplace located at 9040 Debbie Dr., West Chester, OH 45069. The Hernandez Roofing, LLC 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 OSHA inspection number 1078571, citation number 1, item number 1 and was affirmed as a final order on 10/05/2015, with respect to a workplace located at 11036 Embassy Dr., Cincinnati, OH 45240.