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. The most recently occurred on May 05, 2022, at a new build residential subdivision located at Lot# JEV 991, 11600 Begonia Way, Plain City, Ohio. The employer failed to ensure that employees who were performing framing work from the second floor rafters of a new build residential home were protected from fall hazards while installing the front gable, thereby exposing them to a fall hazard from approximately 12 feet 3 inches. Marvin Murcia was previously cited for a repeat-serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1482794, citation number 1, item number 1 and was affirmed as a final order on October 05, 2020, with respect to a workplace located at 957 Brushfield Road, Building #3 & #5, Galloway, Ohio 43119. Marvin Murcia was previously cited for a repeat-serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1341070, citation number 2, item number 1 and was affirmed as a final order on October 10, 2018, with respect to a workplace located at 2581 Walcutt Road, Building #5, Hilliard, Ohio 43026. Marvin Murcia was previously cited for a serious violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1292934, citation number 1, item number 2 and was affirmed as a final order on April 20, 2018, with respect to a workplace located at 762 Waldron Street, Columbus, Ohio 43215.