OSHA Inspection: EMANUEL APOLINAR

Issued

Oct 17, 2019

Abate by

Oct 29, 2019

Penalty

Initial $3,978 · Current $3,978

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. On or about October 3, 2019, at the residential job site, Lot 125, in the Riviera community, the employer did not ensure that employees involved in roofing activities on the roof were protected against falls from 10 feet, 6 inches to greater than 16 feet, 5.5 inches.