Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1657317.015
Citation: 02001
Citation Type: Willful
Abatement Status: Not Completed - Worksite Changed
Initial Penalty: $31,252.00
Current Penalty: $5,000.00
Issuance Date: 06/29/2023
Nr Instances: 1
Nr Exposed: 4
Abatement Date: 05/15/2024
Gravity: 10
Report ID: 0522000
Contest Date: 08/01/2023
Final Order: 04/15/2024
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 04/15/2024 | $5,000.00 | 05/15/2024 | Willful | |
Penalty | C: Contested | 08/03/2023 | $31,252.00 | 07/17/2023 | Willful | |
Penalty | Z: Issued | 06/29/2023 | $31,252.00 | 07/17/2023 | Willful |
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. a) On or about March 16, 2023, the employer does not ensure that employees working on top of the lower level of a new residential roof are not exposed to a fall hazard while conducting carpentry and siding work. The employer has not ensured that a fall protection system is in place. Employees are exposed to a fall height that is measured at 11 ft. from the ground. The employer Klebber G. Uzhca (dba) Rescue Roofing & Siding was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1515393, citation number 2, item number 1 and was affirmed as a final order on 06/09/2021, with respect to a workplace located at 4355 Watoga Drive, Hamilton, OH 45011. The employer Klebber G. Uzhca (dba) Rescue Roofing & Siding was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1429787, citation number 2, item number 1 and was affirmed as a final order on 10/10/2019, with respect to a workplace located at 6779 Charlestown Lane, Mason, OH 45040. The employer Klebber G. Uzhca (dba) Rescue Roofing & Siding was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1342611, citation number 1, item number 1 and was affirmed as a final order on 10/10/2019, with respect to a workplace located at 1583 Stonebury Court, Xenia, OH 45385. The employer Klebber G. Uzhca (dba) Rescue Roofing & Siding was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(13), which was contained in OSHA inspection number 1191275, citation number 1, item number 1 and was affirmed as a final order on 04/14/2017, with respect to a workplace located at 8369 Park Place, West Chester, OH 45069.