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. Bacilio Rios Roofing dba Rios Roofing does not require the use of fall protection during roofing operations. This violation was most recently observed on April 6, 2022, at a residential re-roofing project located at 5238 Prospect Ave, Appleton, Wisconsin. Employees were exposed to falls hazards of 8 feet 5 inches to a maximum of approximately 18 feet while installing new asphalt shingles without any form of fall protection. Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1425187, citation number 1, item number 1 and was affirmed as a final order on January 28, 2020, with respect to a workplace located at 2122 North Main Street, Oshkosh, WI 54901. Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1304686, citation number 1, item number 1 and was affirmed as a final order on October 24, 2018, with respect to a workplace located at West 4549 Highway 10, Menasha, WI 54952. Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 1051242, citation number 1, item number 1 and was affirmed as a final order on September 29, 2016, with respect to a workplace located at 1808 West Pine Street, Appleton, WI 54914. Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 987644, citation number 1, item number 1 and was affirmed as a final order on April 13, 2015, with respect to a workplace located at 304 Gregory Lane, Neenah, WI 54956. Kimberly A. Rios was previously cited for a Willful violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 948141, citation number 2, item number 1 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 534 East South River Street, Appleton, WI 54915. Kimberly A. Rios was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 943803, citation number 1, item number 1 and was affirmed as a final order on December 20, 2013, with respect to a workplace located at 833 North 19th Street, Manitowoc, WI 54221. Bacilio Rios Roofing was previously cited for a Repeat violation of this Occupational Safety and Health Standard, which was contained in OSHA inspection number 107030, citation number 1, item number 2 and was affirmed as a final order on February 12, 2012, with respect to a workplace located at 1619 Greenwood Road, Greenville, WI 54942. Bacilio Rios Roofing was previously cited for a Serious violation of this occupational safety and health standard, which was contained in OSHA inspection number 312552151, citation number 1, item number 1 and was affirmed as a final order on September 21, 2009, with respect to a workplace located at 7849 Edgewater Court, Sherwood, WI 54169.