Text For Citation: 01 Item/Group: 001 Hazard:

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 was not 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 is failing to provide guardrail systems, safety net system, or personal fall arrest systems when an employee is engaged in residential construction activities 6 feet (1.8 m) or more above lower levels. Most recently, on or about 1/26/2018, at 849 Stone Bridge Springs Drive, Chesterfield, Missouri, an employee was installing roofing materials on a roof approximately 18 feet above the ground without guardrail systems, safety net system, or personal fall arrest system. This condition exposed the employee to fall hazards.