OSHA Inspection: C & K SERVICES, INC. OF NEWBURG

Issued

Feb 9, 2024

Penalty

Initial $8,228 · Current $5,760 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.   29 CFR  1926.500(a)(1):This subpart sets forth requirements and criteria for fall protection in construction workplaces covered under 29 CFR part 1926. Exception: The provisions of this subpart do not apply when employees are making an inspection, investigation, or assessment of workplace conditions prior to the actual start of construction work or after all construction work has been completed.  Standard of Interpretation: 1926.500(a)1926.501(b)(10)1926.502(f)(2 - March 12, 2004  Mr. Randy Stahl Safety Manager Korellis Roofing, Inc. 1333 169th Street Hammond, IN 46324-2008  Re: Is fall protection required during small roofing repairs that take minimal time to complete?  Dear Mr. Stahl:  This is in response to your letter dated December 16, 2003, to the Occupational Safety and Health Administration (OSHA). We have paraphrased your question as follows:  Question 1: Scenario: We do roofing inspections in order to identify where repairs are needed on pre-existing roofing systems. Often the repairs needed are small in scale and worker exposure to a fall hazard is minimal in terms of time. The fall hazard exposure time for the installation and removal of fall protection systems from the roof exceeds the exposure time for completing these roofing repair jobs.  In this circumstance, in non-residential roofing work, is fall protection required by 29 CFR Part 1926 Subpart M?  Answer First, Part 1926 Subpart M does not require fall protection for those conducting the initial inspection of the roof to determine what work needs to be done. Section 1926.500(a) states:  This subpart sets forth requirements and criteria for fall protection in construction workplaces covered under 29 CFR Part 1926. Exception: The provisions of this subpart do not apply when employees are making an inspection, investigation, or assessment of workplace conditions prior to the actual start of construction work or after all construction work has been completed. [Emphasis added.] With regard to fall protection requirements applicable to the construction work itself, �1926.501(b)(10) (low slope roofs) requires conventional fall protection, a combination of a monitoring system and warning line, or on roofs of 50 feet or less in width, a monitoring system alone (i.e., without a warning line) be used. Under the standard, the requirement for fall protection for this work does not depend on the duration of the fall hazard exposure.  In contrast, the Agency found in the rulemaking that the short duration of hazard exposure was part of the basis for creating the exception for the inspection-only activity. But another basis for the exception was the concept that in inspections before and after the work is done, there is no on-going construction work to divert the inspector's attention from the fall hazard. Once there is construction activity, the risk goes up by virtue of that diversion of attention. Consequently, in the preamble to the rule, OSHA stated that the exception does not apply if the inspection activity takes place at the same time the construction work is on-going:  [I]f inspections are made while construction operations are underway, all employees who are exposed to fall hazards while performing inspections must be protected as required by Subpart M.1 Therefore, apart from inspections, the Agency in the rulemaking rejected short duration of the exposure as an exception to the fall protection requirement for construction work.  Note, though, that the use of warning lines without a monitor is acceptable where the warning lines are at least 15 feet back from the edge and all of the following are met:  (1) A warning line is used 15 feet or more from the edge (or nearest edge of a hole); (2) The warning line meets or exceeds the requirements in �1926.502(f)(2); (3) No work or work-related activity is to take place in the area between the warning line and the hole or edge; and (4) The employer effectively implements a work rule prohibiting the employees from going past the warning line.2  (a) On or about December 12, 2023 at the construction site located 3800 Sunnycrest Dr. Brookfield, WI 53005, an employee was inspecting roofing activities on a single family residential home with no fall protection system in place and was not protected from falling to the lower level. This exposed the employee to a fall hazard of approximately eight feet.