OSHA Inspection: JOSE E. MARTINEZ

Issued

Nov 3, 2015

Abate by

Nov 16, 2015

Penalty

Initial $3,080 · Current $3,080

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. (a) The employer did not ensure that all three (3) employees working on the roof more than six (6) feet above a lower level were protected from falling to that lower level by the use of guardrail systems, safety net system, or personal fall arrest system.