OSHA Inspection: TONY JEFFERY

Issued

May 23, 2023

Abate by

Jun 12, 2023

Penalty

Initial $34,377 · Current $34,377

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.  The employer does not protect each employee from the hazard of falling by the use of fall protection systems.   This most recently occurred on January 31, 2023 at the Lot 196, 140 Kohler Street, Pickerington, OH 43147 jobsite. The employer failed to ensure employees performing framing work from the second story were protected from falls from approximately 10 to 20 feet from the unprotected edges of the second floor and/or through unprotected window openings.  Tony Jeffery was previously cited for a violation of this Occupational Safety and Health standard 29 CFR 1926.501(b)(13), which was contained in OSHA inspection number 1360417, citation number 1, item number 3, and was affirmed as a final order on February, 28, 2019, with respect to a workplace located at Lot 242, Galena, OH 43021.  Pursuant to 29 CFR 1903.19, the employer must submit documents describing the steps it is taking to ensure compliance, including a description of how these steps protect its employees from the fall hazards associated with framing construction work activities.