OSHA Inspection: MARK A RHEYNE

Issued

Aug 11, 2011

Abate by

Aug 18, 2011

Penalty

Initial $2,040 · Current $1,224 Reduced

General-duty citation text

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 provisionin paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it isinfeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets therequirements 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 fallprotection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complieswith 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.      At the site, the employer did not ensure/enforce that employee(s) used fall protection while working at heights greater than six feet.  The employee was installing gutters from the roof working/walking surface area.