Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1679343.015
Citation: 02001
Citation Type: Willful
Abatement Status: Not Completed - AD Discretion
Initial Penalty: $68,754.00
Current Penalty: $25,000.00
Issuance Date: 12/01/2023
Nr Instances: 1
Nr Exposed: 5
Abatement Date: 12/11/2023
Gravity: 10
Report ID: 0111400
Contest Date: 12/20/2023
Final Order: 05/22/2024
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 05/22/2024 | $25,000.00 | 12/11/2023 | Willful | |
| Penalty | C: Contested | 12/21/2023 | $68,754.00 | 12/11/2023 | Willful | |
| Penalty | Z: Issued | 12/01/2023 | $68,754.00 | 12/11/2023 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1926.501(b)(13):Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b). Location: Worksite On or about June 22, 2023 employees performing roof work on a residential construction site greater than six feet above the ground were not protected from falling. The employer routinely fails to ensure that each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels be protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501(b), as observed by CSHOs on June 22, 2023 where an employee was seen walking and working on the roof without any fall protection, as well as prior 501(b)(13) violations of this standard by this employer: -The owner of Power Construction Roofing & Siding Corp. was also the owner of Power Construction, LLC which 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 1320074, citation number 2, item number 1 and was affirmed as a final order on 7/2/2019, with respect to a workplace located at 229 Fox Hill Rd., Burlington, MA 01803. -The owner of Power Construction Roofing & Siding Corp. was also the owner of Power Construction, LLC which 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 1222748, citation number 2, item number 3 and was affirmed as a final order on 7/25/2018, with respect to a workplace located at 517 Pine Street, Manchester, NH 03101. -The owner of Power Construction Roofing & Siding Corp. was also the owner of Power Construction LLC, which was previously cited for a willful violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1086408, citation number 1, item number 1, and was affirmed as a final order on 5/12/16, with respect to a workplace located at 32 Indian Rock Road, Nashua, NH, 03060. -The owner of Power Construction Roofing & Siding Corp. was also the owner of Power Construction LLC, which was previously cited for a willful violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 952737, citation number 2, item number 1-c, and was affirmed as a final order on 7/8/15, with respect to a workplace located at Warren Street and Liberty Street, Concord, NH, 03301. -The owner of Power Construction Roofing & Siding Corp. was also the owner of Power Construction LLC, which was previously cited for a repeat-serious violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1008050, citation number 2, item number 3, and was affirmed as a final order on 7/8/15, with respect to a workplace located at 340 Nashua Street, Milford, NH, 03055.
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