Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1660131.015
Citation: 02001
Citation Type: Repeat
Abatement Status: Corrected During Inspection
Initial Penalty: $31,250.00
Current Penalty: $31,250.00
Issuance Date: 07/13/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date:
Gravity: 10
Report ID: 0522000
Contest Date:
Final Order: 09/26/2023
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | Z: Issued | 07/13/2023 | $31,250.00 | 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. a) On March 29, 2023, located throughout a 6/12 residential roof structure, the employer failed to ensure that employees were utilizing a fall protection system while performing roofing work. As a result, employees were exposed to a fall hazard of between 12 and 17 feet above ground level. Miguel JC 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 numbers 1511010 (citation number 1, item number 1-c, workplace address of Lot 52, MASON, OH 45040) and 1535019 (citation number 1, item number 1-b, workplace address of Lot 605 Arena Ct., HAMILTON, OH 45011) and were affirmed together as a final order on 6/22/2021.