OSHA Inspection: GASPAR VANEGAS HERNANDEZ

Issued

Dec 2, 2022

Abate by

Dec 16, 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. 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 November 3, 2022, employees were conducting roofing activities from elevated heights without fall protection, thereby exposing employees to an approximately 9 ft 8 inches to a greater than 25 feet fall hazard.