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Violation Detail

Standard Cited: 19260501 B13 Duty to have fall protection.

Inspection Nr: 1752465.015

Citation: 02001

Citation Type: Repeat

Abatement Status: Not Completed - Worksite Changed

Initial Penalty: $9,679.00

Current Penalty: $5,750.00

Issuance Date: 05/27/2024

Nr Instances: 1

Nr Exposed: 4

Abatement Date: 01/09/2025

Gravity: 10

Report ID: 0636900

Contest Date: 07/25/2024

Final Order: 12/09/2024

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 12/09/2024 $5,750.00 01/09/2025 Repeat  
Penalty C: Contested 07/29/2024 $9,679.00 06/25/2024 Repeat  
Penalty Z: Issued 05/27/2024 $9,679.00 06/25/2024 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. On or about April 12, 2024, employees who were installing Pro Lam shingles to the roof of the house, were wearing fall protection, but were not tied off or protected from falling to the ground below. Jose Juan Delgado was previously cited for a Serious violation of this occupational safety and health standard or its equivalent standard 1926.501(b)(11), which was contained in OSHA inspection number 1681435, Citation Number 1, Item number 1, and was affirmed as a final order on July 10, 2023, with a final abatement date on August 7, 2023, with respect to a workplace located at 1025 Summer Grove Road, Midlothian, TX 76065.

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