Violation Detail
Standard Cited: 19260501 B11 Duty to have fall protection.
Inspection Nr: 1789145.015
Citation: 02003
Citation Type: Willful
Abatement Status:
Initial Penalty: $33,103.00
Current Penalty: $5,000.00
Issuance Date: 05/09/2025
Nr Instances: 2
Nr Exposed: 3
Abatement Date: 06/27/2025
Gravity: 10
Report ID: 0112000
Contest Date: 06/20/2025
Final Order: 07/08/2025
Related Event Code (REC): C;I
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 07/08/2025 | $5,000.00 | 06/27/2025 | Willful | |
Penalty | C: Contested | 06/23/2025 | $33,103.00 | 06/27/2025 | Willful | |
Penalty | Z: Issued | 05/09/2025 | $33,103.00 | 06/27/2025 | Willful |
Text For Citation: 02 Item/Group: 003 Hazard:
29 CFR 1926.501(b)(11): The employer does not ensure that each employee on a steep roof with unprotected sides and edges 6 feet (1.8 m) or more above lower levels are not protected from falling by guardrail systems with toeboards, safety net systems, personal fall arrest systems, or provided with an alternative fall protection measure under another provision of paragraph 1926.501(b): The employer fails to assure effective protections against fall hazards for employees working on a multi-pitch roof six feet or more above a lower level as required by the standard, as demonstrated at the Burnham Library Roof Replacement Project on November 20, 2024 and December 6, 2024. Instance #1: On November 20, 2024 employees were observed working over 17 feet above a lower level on an eight-pitch slate roof without the use of fall protection. Instance #2: On December 6, 2024 employees were observed working over eight feet above a lower level on a six-pitch asphalt shingled roof covered in snow without the use of fall protection. A Notice of Imminent Danger was posted on the rungs of the ladder used to access the scaffold by the CSHO due to the ongoing fall protection hazard, but was removed by an unknown party prior to the hazard being corrected. Stephen Pomazi Inc. was previously inspected and cited in 2014 under almost identical circumstances. OSHA Inspection 978877, Citation 1-3a: 29 CFR 1926.451(f)(7). Stephen Pomazi was cited for not erecting, moving, or altering a scaffold under the direction and supervision of a competent person. He showed an intentional disregard for the requirements of the OSH Act and a plain indifference to employee safety and health in that employees were exposed to the same hazards under almost identical conditions on November 20, 2024. In both instances, employees were working at heights without fall protection and using improperly constructed scaffolding among other apparent violations.