Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1564093.015
Citation: 02001C
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $22,527.00
Current Penalty: $0.00
Issuance Date: 01/14/2022
Nr Instances: 2
Nr Exposed: 5
Abatement Date: 02/10/2022
Gravity: 10
Report ID: 0522500
Contest Date:
Final Order: 03/28/2022
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 03/28/2022 | $0.00 | 02/10/2022 | Repeat | |
| Penalty | Z: Issued | 01/14/2022 | $22,527.00 | 02/10/2022 | Repeat |
Text For Citation: 02 Item/Group: 001C 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. a. On or about November 17, 2021 and at times prior, the employer did not ensure employees were protected from falls while engaged in residential construction activities. Employees were conducting roofing activities without being connected to a fall protection system, thereby exposing them to fall hazards of over 8 feet. b. On or about November 17, 2021 and at times prior, the employer did not ensure employees were protected from falls while engaged in residential construction activities. Employees were conducting roofing activities without being connected to a fall protection system, thereby exposing them to fall hazards of over 16 feet. Jamie Aguilar dba J. Aguilar Roofing Service was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1414541, citation number 2, item number 2 and was affirmed as a final order on September 3, 2019, with respect to a worksite located at 13710 Della Drive, Athens, OH 45701 . Jamie Aguilar dba J. Aguilar Roofing Service was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1301912, citation number 1, item number 1a and was affirmed as a final order on April 30, 2018, with respect to a workplace located at 3600 Cavalier Circle, Parkersburg, WV 26101
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