OSHA Inspection: RAFAEL MENDEZ

Issued

Dec 14, 2012

Penalty

Initial $1,200 · Current $1,200

General-duty citation text

29 CFR 1926.501(b)(13): 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.     (a) Rafael Mendez, Lakeshore Village Condominium, 4385 S. Balsam Street, Denver, CO. On or about November 9th, 2012, the employer had not ensured the use of fall protection while employees replaced shingles on the garage roofs near the rear of the complex. Condition exposed employees to a fall hazard of approximately 8 feet while working on a 5/12 pitch roof.    Abatement Note: Abatement Note:  Abatement certification is not required for this item.    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.