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Violation Detail

Standard Cited: 19260501 B13 Duty to have fall protection.

Inspection Nr: 1207570.015

Citation: 02002

Citation Type: Repeat

Abatement Status: Abatement Completed

Initial Penalty: $20,914.00

Current Penalty: $20,914.00

Issuance Date: 03/21/2017

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 03/31/2017

Gravity: 10

Report ID: 0522500

Contest Date:

Final Order: 05/30/2017

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 Z: Issued 03/21/2017 $20,914.00 03/31/2017 Repeat  

Text For Citation: 02 Item/Group: 002 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 before February 2, 2017, the employer did not require the use of any form of fall protection during roofing work. This violation was most recently observed at Building 14K of the Powell Grand development, Powell, OH 43065, where three employees were not protected from fall hazards of 10 feet, 6 inches 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 six feet high without adequate fall protection. J. Braulio Sierra was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1926.501(b)(13) which contained in OSHA inspection numbers: 1. 836504, Repeat-Serious, Citation 2, Item 2, Final order on 5/2/2103 2. 607919, Repeat-Serious, Citation 2, Item 1, Final order on 4/1/2013 3. 279657, Serious, Citation 1, Item , Final order 3/7/2012 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 the fall hazards.

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