Text For Citation: 02 Item/Group: 003 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 July 17, 2018, at the residential job site, Lot 1336, in the Jerome Village-Willowbrush community, the employer did not ensure that an employee performing roofing activities was protected by a guardrail system, safety net system, or personal fall arrest system, thereby exposing the employee to a fall hazard of approximately 22 feet, 4 inches. Pedro Sierra Hernandez aka Jesus Roofing, Jesus Braulio Sierra, & Jesus Osorio was previously cited for a violation of this occupational safety and health standard 1926.501(b)(13), which was contained in OSHA inspection numbers: 1. 1207570, Repeat-Serious, citation number 2, item number 2 and was affirmed as a final order on May 30, 2017, with respect to a workplace located at Powell Grand, Building 14K, Powell, Ohio 43065. 2. 1205333, Repeat-Serious, citation number 2, item number 1 and was affirmed as a final order on April 10, 2017, with respect to a workplace located at 8075 Summit Point, Lewis Center, Ohio 43035.