Text For Citation: 02 Item/Group: 001A 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 is 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). The employer does not require the use of any form of fall protection during roofing work. This violation was most recently observed at the Worksite at 42-44 Lexington Ave., Hyde Park, MA 02136, where multiple employees were not protected from fall hazards of approximately 20 feet to the ground. To abate this violation, the employer must ensure that its employees performing roofing work are protected from falls, and that no employee is allowed onto a roof more than 6 feet high without adequate fall protection. Pursuant to 29 C.F.R. 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from fall hazards. (An abatement plan and periodic progress reports may also be required if the abatement period is more than 90 days). 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 August 17, 2023, and for the multiple 501(b)(13) serious, repeat-serious, and willful violations of this standard by this employer: -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1667997, inspection date 5/3/2023, citation number 1, item number 1 a to Brothers Construction & Roofing, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 326 Front St., Marion, MA 02738. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.501(b)(10) which was contained in OSHA inspection number 1593445, citation number 2, item number 1 and was affirmed as a final order on 6/29/2022 to Brothers Construction Services, Inc. dba Brothers Construction & Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 90 Eames St., Framingham, MA 01702. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1566993, citation number 2, item number 1, and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd., Needham, MA 02492. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.501(b)(11) which was contained in OSHA inspection number 1464728, citation number 1, item number 4 and was affirmed as a final order on 5/7/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Wareham, MA 02346. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1415747, citation number 1, item number 1 and was affirmed as a final order on 2/27/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 186 Garner St., Arlington, MA 02474. -OSHA previously issued a citation alleging a Willful-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1081403, citation number 2, item number 2 and was affirmed as a final order on 2/16/2016 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 1046935, citation number 2, item number 3 and was affirmed as a final order on 6/5/2015 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.501(b)(10) which was contained in OSHA inspection number 899051, citation number 1, item number 1 and was affirmed as a final order on 5/2/2013 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91-95 Washington St., Holliston, MA 01746. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, 29 CFR 1926.501(b)(13) which was contained in OSHA inspection number 315142026, citation number 1, item number 4 and was affirmed as a final order on 10/31/2011 to AS General Construction & Roofing, Incorporated, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91 Harvard St., Dedham, MA 02026. OSHA also previously issued multiple fall protection and other citations to a second different company owned by the same owner as the company now being cited. The name of this previous company was A S General Construction, Inc. This company failed to pay penalties and failed to comply with the applicable standards, and so the Secretary of Labor had to obtain an enforcement order under Section 11(b) of the Act in 2016 - see First Circuit Case No. 16-1683.