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. Carlos Ketz, dba A.G.X. Construction, LLC does not require the use of conventional fall protection; This violation was most recently observed on August 20, 2024, at an establishment located at 912 Messer Street in Rhinelander, Wisconsin, where employees of A.G.X. Consruction LLC were performing residential roofing activities with no form of conventional fall protection while exposed to fall hazards of over 9 feet 7 inches. A.G.X. Construction LLC was previously cited for a 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 1603980, citation number 1, item number 1 and was affirmed as a final order on November 15, 2022, with respect to a workplace located at N1445 Westgreen Drive, Greenville, WI 54942. A.G.X. Construction LLC was previously cited for a 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 1548858, citation number 1, item number 1 and was affirmed as a final order on September 29, 2021, with respect to a workplace located at 1625 North Alexander Street, Appleton, WI 54911. 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.