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Violation Detail

Standard Cited: 19260760 A01 Fall protection.

Inspection Nr: 1548707.015

Citation: 02003

Citation Type: Willful

Abatement Status:  

Initial Penalty: $145,027.00

Current Penalty: $72,450.00

Issuance Date: 02/16/2022

Nr Instances: 3

Nr Exposed: 1

Abatement Date: 02/23/2022

Gravity: 10

Report ID: 0214700

Contest Date: 03/10/2022

Final Order: 03/02/2026

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty R: Review Commission 03/02/2026 $72,450.00 02/23/2022 Willful  
Penalty C: Contested 03/10/2022 $145,027.00 02/23/2022 Willful  
Penalty Z: Issued 02/16/2022 $145,027.00 02/23/2022 Willful  

Text For Citation: 02 Item/Group: 003 Hazard:

29 CFR 1926.760(a)(1): The employer did not ensure that each employee engaged in a steel erection activity who was on a walking/working surface with an unprotected side or edge more than 15 feet (4.6 m) above a lower level was protected from fall hazards by personal fall arrest systems: The employer does not require and ensure the use of personal fall arrest systems when employees are exposed to fall hazards. The violation was recently observed on or about August 17-19, 2021, at a worksite located at or near 101 Bethpage Sweet Hollow Rd., Old Bethpage, NY., when employees were performing steel erection activities at more than 15 feet above lower levels. Instance a) Worksite, 101 Bethpage Sweet Hollow Rd., Old Bethpage, NY- Employee #2 was replacing metal roofing panels on the roof of a commercial building. Throughout the workday the employee worked and walked near the unprotected roof edges on the north and south sides of the roof, approximately 16 feet above the ground, and was not protected from fall hazards by the use of a personal fall arrest system; on or about 8/17/21 through 8/19/2021. To abate this violation, the employer must ensure that its employees performing steel erection activities more than 15 feet above lower levels are protected from falls, and that no employee is allowed to perform steel erection activities at heights greater than 15 feet above lower levels without the protection of a personal fall arrest system. Instance b) Worksite, 101 Bethpage Sweet Hollow Rd., Old Bethpage, NY- Employee #2 was replacing metal roofing panels on the roof of a commercial building. Each time an existing metal roof panel was lifted and removed from the roof, it created unprotected sides or edges, approximately 16-19 feet above the ground. While replacing the metal roofing panel the employee worked and walked near the newly created unprotected edges and was not protected from falling by the use of a personal fall arrest system; on or about 8/17/21 through 8/19/2021. To abate this violation, the employer must ensure that its employees performing steel erection activities more than 15 feet above lower levels are protected from falls, and that no employee is allowed to perform steel erection activities at heights greater than 15 feet above lower levels without the protection of a personal fall arrest system. Instance c) Worksite, 101 Bethpage Sweet Hollow Rd., Old Bethpage, NY- Employee #2 was replacing metal roofing panels near an uncovered, translucent, fiberglass skylight on the south side of the roof of a commercial building. The skylight, which was approximately 18 '9" above the ground, could not be covered while the metal roofing panels adjacent to it were being replaced. The employee was not protected from fall hazards by the use of a personal fall arrest system; on or about 8/19/2021. To abate this violation, the employer must ensure that its employees performing steel erection activities more than 15 feet above lower levels are protected from falls, and that no employee is allowed to perform steel erection activities at heights greater than 15 feet above lower levels without the protection of a personal fall arrest system. Note: In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

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