OSHA Inspection: R.SMITS & SONS-THE FARM LLC

Issued

May 15, 2012

Abate by

May 22, 2012

Penalty

Initial $4,900 · Current $2,940 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 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.    On or about May 9, 2012, employees were on a roof perofrming roofing work without fall protection exposing them to fall hazards of 9 to 16 feet.    Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19 (d).