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Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1687527.015
Citation: 02002
Citation Type: Repeat
Abatement Status: Not Completed - Worksite Changed
Initial Penalty: $25,781.00
Current Penalty: $25,781.00
Issuance Date: 09/27/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 10/10/2023
Gravity: 10
Report ID: 0522500
Contest Date:
Final Order: 12/01/2023
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | Z: Issued | 09/27/2023 | $25,781.00 | 10/10/2023 | 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. Bautista Roofing, LLC dba Leobardo Bautista Altamirando located at 5479 Seclusion Drive, Lot 68, Westerville, OH 43081: On or about August 1, 2023, The employer did not ensure an employee engaged in residential roofing activities was protected from falls. The following condition exposed the employee to falls of over 11 feet. Bautista Roofing, LLC was previously cited for a repeat-serious violation of this occupational safety and health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1649012, citation number 2, item number 1 and was affirmed as a final order on May 19, 2023, with respect to a workplace located at 7984 Olivero Drive, Galena, OH 43021. Bautista Roofing, LLC was previously cited under the name Leonardo Bautista for a violation of this occupational safety and health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1545734, citation number 1, item number 2 and was affirmed as a final order on January 05, 2022, with respect to a workplace located at 5510 Seclusion Drive in Westerville, Ohio 43081.