OSHA Inspection: JAVIER VILLAGRAN

Issued

May 19, 2020

Abate by

May 29, 2020

Penalty

Initial $8,906 · Current $8,906

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 May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an outside fall from an open sided floor near the front entry of the house, thereby exposing employees to a fall hazard up to 12.55 feet.         b. On or about May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an inside fall from an open sided floor above the front entry in the house, thereby exposing employees to a fall hazard up to 10 feet.       c. On or about May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an outside fall from three window openings at the back of the house, thereby exposing employees to a fall hazard greater than 6 feet.       d. On or about May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an inside fall from an open sided floor above the main living area in the house, thereby exposing employees to a fall hazard up to 9.9 feet.      e. On or about May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the second floor were protected against an inside fall from an open sided stairway used for access inside the house, thereby exposing employees to a fall hazard up to 7.7 feet.     f. On or about May 11, 2020, at the residential job site, Lot HER82, in the Heritage Preserve community, the employer did not ensure that employees involved in framing activities on the first floor were protected against an inside fall from an open sided floor to the basement below in the house, thereby exposing employees to a fall hazard up to 10.2 feet.      Javier Villigran was previously cited for a violation of this occupational safety and health standard 1926.501(b)(13), which was contained in OSHA inspection number 1418881, citation number 1, item number 3 and was affirmed as a final order on November 27, 2019, with respect to a workplace located at 5155 Tarlton Boulevard, Hilliard, OH 43026.