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. Employees are exposed to fall hazards while engaged in residential construction activities 6 feet or more above lower levels. The employer does not protect each employee by means of a guardrail system, safety net system, personal fall arrest system, or an alternative fall protection measure. The following instances most recently occurred on or about December 11, 2023, at 1389 Greenbrook, Hanover Park, IL 60133: a) Employees engaged in residential construction activities (Truss install/ sheeting) are not protected from falling from unprotected roof edges, exposing employees to a 20-foot fall. b) Employees engaged in residential construction activities are not protected from falling through unguarded windows, exposing employees to a 15-foot fall. c) Employees engaged in residential construction activities (walking top plate) are not protected from falling from an unprotected wall plate, exposing employees to a 10-foot fall. Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it taking to ensure compliance, including an explanation of how these steps protect its employees from fall hazards.