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

29 CFR 1926.1053(b)(1): Where portable ladders were used for access to an upper landing surface and the ladder's length allows, the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface being accessed. The employer does not require ladders to extend at least 3 feet above the upper landing surface, exposing employees to falls. This violation was most recently observed at the Worksite at 90 Newbury St, Framingham, MA, where multiple employees were not protected from fall hazards of approximately 20 feet to the ground. To abate this violation, the employer must ensure that its employees are trained in proper ladder set-up. 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 fall hazards. (An abatement plan and periodic progress reports may also be required if the abatement period is more than 90 days). The employer routinely fails to ensure that portable ladders used for access to upper landing surfaces extend at least 3 feet (.9 m) above the upper landing surface being accessed, as observed by CSHOs on September 11, 2024, as well as per prior OSHA inspections with 1053(b)(1), or equivalent OSHA standards citations: -OSHA previously issued a citation alleging a Willful-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1691549, as citation number 2, item number 3a, and was affirmed as a final order on 3/6/2024 to Brothers Construction Services, Inc., with respect to a workplace located at 42-44 Lexington Ave., Hyde Park, MA 02136. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.1053(b)(6) which was contained in OSHA inspection number 1619534, citation number 1, item number 1 and was affirmed as a final order on 12/30/2022 to Brothers Construction & Roofing, Inc., the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 47 Conant Street, Acton, MA 01718. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard or its equivalent standard, 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1566993, citation number 1, item number 3 and was affirmed as a final order on 2/22/2022 to Brothers Construction Services, Inc., with respect to a workplace located at 111 Fairfield Rd, Needham, MA 02492. -OSHA previously issued a citation alleging Serious violation of this occupational safety and health standard, or its equivalent standard 29 CFR 1926.1053(b)(22) which was contained in OSHA inspection number 1415747, citation number 1, item number 2-b and was affirmed as a final order on 2/27/2020 to Brothers Construction Services, Inc. dba Brothers Roofing, the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 186 Garner St., Arlington, MA 02474. -OSHA previously issued three citation alleging Serious violations of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(5)(i), 1926.1053(b)(6), and 1926.1053(b)(16) which were contained in OSHA inspection number 1081403, citation number 1, item numbers 5, 6, and 7, and was affirmed as a final order on 2/16/2016 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 51 Pleasant St., Woburn, MA 01801. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 1046935, citation number 2, item number 4 and was affirmed as a final order on 6/5/2015 to A S General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 62 Ryan Farm Rd., Windham, NH 03087. -OSHA previously issued a citation alleging a Repeat-Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 899051, citation number 1, item number 2 and was affirmed as a final order on 5/20/2013 to AS General Construction, Inc., the same owner of Brothers Construction Services, Inc., with respect to a workplace located at 91-95 Washington St., Holliston, MA 01746. -OSHA previously issued a citation alleging a Serious violation of this occupational safety and health standard, or its equivalent standards 29 CFR 1926.1053(b)(1) which was contained in OSHA inspection number 315142026, citation number 1, item number 5 and was affirmed as a final order on 10/31/2011 to AS General Construction & Roofing, Incorporated, the same owner as Brothers Construction Services, Inc., with respect to a workplace located at 91 Harvard St., Dedham, MA 02026.