OSHA Inspection: MIGUEL HERNANDEZ

Issued

Oct 18, 2016

Penalty

Initial $2,272 · Current $2,272

General-duty citation text

29 CFR 1926.501(b)(13): "Residential construction." Each employee engaged in residential construction activities six 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. On or about September 15, 2016, each employee did not have adequate fall protection while performing roofing work. One employee was working without fall protection near the peak, exposing the employee to a fall hazard of approximately 25 feet. Another employee, who was working on a lower level roof, was utilizing an inadequate fall protection system, exposing the employee to a fall hazard of approximately 12 feet.