OSHA Inspection: EDWIN TOBIAS

Issued

Jun 4, 2019

Penalty

Initial $8,752 · Current $4,000 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 May 6, 2019, located throughout a residential roof, employees were exposed to a fall hazard while removing shingles from a steep pitch roof not utilizing any fall protection system.  Potential fall height was measured to be 18'-1" with a roof pitch of 6/12.    The Edwin Tobias was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1334799, citation number 1, item number 1 and was affirmed as a final order on 9/24/2018, with respect to a workplace located at 228 Harter Ave., Cincinnati, OH 45246.