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. The employer does not protect each employee from fall hazards while engaged in roofing activity six (6) feet or more above lower levels by the use of guardrail system, safety net system, or personal fall arrest system. This most recently occurred on September 12, 2024, at 64 East Crestview Drive, Appleton, Wisconsin, employees of Bacilio Rios were engaged in roofing activities were not protected from fall hazards while working at elevations of up to approximately 22 feet above the ground. Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1681501, citation number 1, item number 1 and was affirmed as a final order on January 30, 2024, with respect to a workplace located at 217 East Broadway Drive, Appleton, WI 54913. Bacilio Rios was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1587942, citation number 2, item number 1 and was affirmed as a final order on October 27, 2022, with respect to a workplace located at 5238 West Prospect Ave, Appleton, WI 54914.