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. Apple Roofing Solutions LLC located in Appleton, Wisconsin, does not ensure that employees engaged in residential roofing activities are protected from fall hazards. This violation was most recently observed on November 2, 2021, at a worksite located at 904/908 Jefferson Street in Algoma, Wisconsin. Employees were exposed to fall hazards between 14 and 30 feet on a 2.5-story duplex while installing asphalt shingles and flashing without any form of fall protection. 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.