Text For Citation: 02 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 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. Lucio Perez Lopez dba Lopez Roofing does not require the use of fall protection during roofing operations. This violation was most recently observed on May 11, 2022, at a residential re-roofing project located at 1011 North 10th Street, Sheboygan, WI 53081. Employees were exposed to falls hazards of 18 feet on a roof with a pitch of 12:12 while tearing off old roofing materials and installing new asphalt shingles without utilizing fall protection. Lucio Perez Lopez dba Lopez Roofing was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1248694, citation number 1, item number 1 and was affirmed as a final order on December 13, 2017 with respect to a workplace located at W1716 Bender Rd., Sheboygan, WI 53083. Lucio Perez Lopez dba Lopez Roofing was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1188675, citation number 2, item number 2 and was affirmed as a final order on January 30, 2017 with respect to a workplace located at 1257 Carmen Ave., Sheboygan, WI 53081. Lucio Perez Lopez dba Lopez Roofing was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1157686, citation number 2, item number 1 and was affirmed as a final order on August 24, 2016, with respect to a workplace located at 1026 High Ave, Sheboygan, WI 53081. Lucio Perez Lopez dba Lopez Roofing was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 966821, citation number 1, item number 1 and was affirmed as a final order on July 1, 2014, with respect to a workplace located at 1241-1243 Cameron Circle, Neenah, WI 54956.