OSHA Inspection: JOSE I CONTRERAS

Issued

Aug 4, 2022

Penalty

Initial $4,351 · Current $4,351

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.  On or about May 19, 2022, at the worksite located at 5117 North Waterford Drive, Appleton, WI 54913, the employer did not ensure that each employee working on a roof was protected from falls, exposing employees to fall hazards. The eave height of the roof was greater than 9  feet and the roof pitch was approximately 5/12.  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.