OSHA Inspection: LES THOMAS CONSTRUCTION INC

Issued

Jun 11, 2012

Penalty

Initial $1,360 · Current $800 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:    On or about May 29, 2012 and at times prior thereto, employees were exposed to a fall of approximately 15 feet to the ground below while sheathing the roof of a new fourplex.    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.