OSHA Inspection: EJ CONSTRUCTION NKY, LLC

Issued

Sep 7, 2022

Penalty

Initial $23,928 · Current $16,750 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.  a) On August 3, 2022, located on the north side of a residential structure, an employee was exposed to a fall hazard not utilizing any fall protection system while standing and leaning over the low slope roof edge hoisting 4 ft. x 8ft.  sheets of oriented strand board (OSB). The potential fall height was measured to be 12'-11" with a roof pitch of 4/12.  1) 1473619 Serious Citation 1, Item 2, and was affirmed as a final order on 07/16/2020, with respect to a workplace located at with respect to a workplace located at Lot# 70 Concorde Alley, Blue Ash, OH 45241.  2) 1568853 Repeat-Serious Citation 1, Item 1, and was affirmed as a final order on 4/20/2022, with respect to a workplace located at with respect to a workplace located at 3537 Catalpa View Way, Bellbrook, OH 45305.